Fountain Valley City Council
March 7, 2023

City Council Regular Meeting Agenda Page 1 March 7, 2023

AMENDED AGENDA

CITY COUNCIL/ SUCCESSOR

AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/

FOUNTAIN VALLEY HOUSING AUTHORITY

Closed Session 5:00 p.m.

Regular Meeting 6:00 p.m.

Tuesday, March 7, 2023
Council Chambers
10200 Slater Avenue
Fountain Valley, CA 92708
http://www.fountainvalley.org

MEETING ASSISTANCE: In compliance with the Americans with Disabilities Act, anyone needing special assistance to participate in a meeting of the government bodies listed herein should contact the City Clerk’s Office at (714) 593-4445. Notification 72 hours prior to the meeting allows the City to make reasonable arrangements to ensure accessibility to the meeting.

AGENDA COMMUNICATIONS: All revised or additional documents and writings related to an item on this agenda provided to all or a majority of the government body members after distribution of the agenda packet, are available for public inspection (1) in the City Clerk’s Office at 10200 Slater Avenue, Fountain Valley, CA 92708 during normal business hours; and (2) in the Council Chambers at the time of the meeting. Unless directed otherwise by a government body listed herein all actions shall be based on/memorialized by the latest document submitted as a late communication.

PUBLIC COMMENTS/PUBLIC HEARINGS: Persons wishing to address th e Cit y Counci l or othe r government body listed complete a speaker card and give it to the City Clerk prior to the public comment period. Requests to speak will not be accepted after the public comment session begins without permission of the Mayor/Chair. Speakers must limit remarks to a total of (3) three minutes and address the City Council through the Mayor.

Comments to individuals or staff are not permitted. Scheduled Matters, including Public Hearings: Indicate on the card what item you want to address. Unscheduled Matters: Indicate on the card what subject matter you
want to address. Comments must be related to issues that are within the jurisdiction of the governing body listed on the agenda. Pursuant to the Brown Act, the governing body may not enter into discussion regarding items not on the agenda.

CONSENT CALENDAR: All matters listed under the Consent Calendar are considered by the governing bodies listed herein to be routine and will be enacted on simultaneously with one motion without discussion unless separate action and/or discussion is requested by a governing body member, staff, or a member of the public.

PUBLIC HEARINGS: Persons wishing to speak in favor of or in opposition to a proposal are given an opportunity to do so during the public hearing. Those wishing to address a governing body during the hearing are requested to complete the speaker card and submit it to the City Clerk prior to the hearing. If a proposed action is challenged in court, there may be a limitation to raising only those issues raised during the hearing or in written correspondence received by the governing body at or before the hearing.

Note: The Fountain Valley City Council serves as the Successor Agency to the Fountain Valley Agency for Community Development (Successor Agency), the Fountain Valley Housing Authority, and the Fountain Valley Finance Authority. The Actions of the Successor Agency are separate and apart from the actions of the City Council.

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CLOSED SESSION
CALL TO ORDER 5:00 p.m.

PUBLIC COMMENTS (Closed Session matters only)
Persons wishing to speak on a Closed Session matter are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period.

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 17101 Bushard (APN: 167-301-04)
Agency Negotiators: Maggie Le, City Manager; Omar Dadabhoy, Community Development Director/Deputy City Manager; Ryan Smith, Finance Director; Fire Chief Bill McQuaid and Public Works Director Hye Jin Lee, Colin Burns, Attorney for the City.

Negotiating Parties: City of Fountain Valley and Henry Kim Raeburn Trust The BSK Family Trust.

Under negotiation: Price and terms of payment

2. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Fire Chief and Human Resources Director Represented unit: Fountain Valley Fire Association

OPEN SESSION
CALL TO ORDER 6:00 p.m.

INVOCATION
SALUTE TO THE FLAG Council Member Jim Cunneen

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members: Bui, Cunneen, Harper, Mayor Pro Tem/Vice Chair Grandis, Mayor/Chair Constantine

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS

PRESENTATIONS
• 2023 Miss Fountain Valley Tonpanga Scherf, Delilah Cunneen, first runner-up, Alexis Brown, second runner up
• Certificate of Recognition to TJ McDonnell, CIF Wrestling Champion • Presentation of the Arbor Day Proclamation – Presented by Mayor Constantine • Orange County Mosquito and Vector Control District Update – Presentation by Lora Young

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
The Unscheduled Matters Public Comments portion will last 15 Minutes at the beginning of the meeting. Any requests to speak on unscheduled matters after the initial 15 minutes, will be heard at the end of the meeting, unless the Mayor approves an extension of this time. If an individual speaks during the First unscheduled matters time period, they do not get to speak at the end of the meeting as well. Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

PUBLIC COMMENTS (Scheduled Matters Only)
Persons wishing to speak on Agenda item(s) are requested to identify themselves by completing a blue speaker card indicating the item they want to address and to give the card to the City Clerk prior to the public comment period. Each person will be given up to 3 minutes to speak on the entire Consent Calendar, 3 minutes to speak on each item pulled from the consent calendar, and 3 minutes to speak on any agendized item(s) not appearing on the Consent Calendar.

CONSENT CALENDAR
Consent Calendar Items 1 – 3 will be approved simultaneously with one motion, unless separate action/or discussion is requested.

1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.

2. Receive and File the Draft Minutes of the February 21, 2023 Regular City Council Meeting

3. City Hall Public Safety Improvements – Interwest Consulting Contract Amendment #3

1. Approve an appropriation transfer of $11,930 from the FY 2022/23 City Hall Interior Remodel Project Budget to the City Hall Safety Project;

2. Accept a fee proposal from Interwest Consulting Group, Inc. for $11,930, and authorize staff to issue a Purchase Order to encumber the On-Call Construction Management and Inspection Services Contract.

3. Approve Amendment No. 3 to the Interwest Consulting Group, Inc. As-Needed On-Call Construction Management and Inspection Services CON 21-72 (Munis CON 1142) for $11,930;

PUBLIC HEARINGS
Each person will have up to 3 minutes to speak on each Public Hearing.

4. Introduction and First Read of An Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements to the Fountain Valley Municipal Code – Presentation by Alex Halfman, Deputy City Attorney Page 36
If the City Council desires to regulate group homes in accordance with the City of Costa Mesa and its ordinance, Staff recommends Alternative No.1: Approve the introduction-first read of an ordinance adding chapters 4.35 Group Homes and 21.29 Group Homes and amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements.

ADMINISTRATIVE ITEMS

5. Mid-Year Budget Review for Fiscal Year 2022-23 - Presentation by Ryan Smith, Finance Director Page 68
1) Receive and File the Mid-Year Budget Review for Fiscal Year 2022-23; 2) Approve the budget amendments to Fiscal Year 2022-23 as recommended in this report;
3) Approve the Resolution Amending the City’s Salary Schedule; and 4) Approve the Resolution Amending the Admin Officers Resolution.

6. Introduction and First Read of an Ordinance Amending Title 2 to Elevate the Information Technology and Recreation Divisions to Department Status, Amend Position Titles in the Planning and Building Department to Community Development Department, and Codify – Presentation by Colin Burns, Attorney for the City Page 95 Staff recommends that the City Council approve Alternative No. 1: Introduce and approve a First Read of an Ordinance Amending Title 2 to Elevate the Information Technology and Recreation Divisions to Department Status, Amend Position Titles in the Planning and Building Department to Community Development Department, and Codify the City Manager’s Authority to Appoint a Deputy.

7. Purchase and implementation of Office 365, Azure AD, Exchange Online, and Mobility Management. Presentation by Scott Kim, IT Manager Page 106 Staff is recommending the approval of Alternative No. 1 to approve the purchase and authorize the City Manager to execute an agreement with IMGB Solutions for professional services and Insight Public Sector to purchase Government Microsoft 365 subscriptions and implement Office 365.

8. Approve a First Amendment to the City Manager’s Employment Agreement to Provide Additional Benefits Following a Positive Performance Review – Presentation by Colin Burns, Attorney for the City Page 149
Staff recommends that the City Council approve Alternative 1: Approve a First Amendment to the City Manager’s Employment Agreement to Provide Additional Benefits Following a Positive Performance Review

APPOINTMENTS

9. COMMITTEE, COMMISSION AND BOARD APPOINTMENTS–2023 (Presentation by Rick Miller, City Clerk)

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
Persons wishing to speak on an unscheduled matter are requested to identify themselves by completing a blue speaker and to give the card to the City Clerk. Each person will have up to 3 minutes to speak. The City Clerk will call upon those that wish to speak.

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL

COMMENTS

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR

AGENCY/HOUSING AUTHORITY
Tonight’s Meeting is being Adjourned in the Memory of Pete Haak.

The next Regular Meeting of the Fountain Valley City Council is March 21, 2023 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.

MINUTES OF THE

CITY COUNCIL/ SUCCESSOR AGENCY TO THE FOUNTAIN

VALLEY AGENCY

FOR COMMUNITY DEVELOPMENT/ FOUNTAIN VALLEY

HOUSING AUTHORITY
Closed Session 5:00 p.m.

Regular Meeting 6:00 p.m.

Tuesday, February 21, 2023
Council Chambers

CLOSED SESSION
CALL TO ORDER 5:00 p.m.

PUBLIC COMMENTS (Closed Session matters only)
There were no public comments

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Boys & Girls Club: 17565 LOS ALAMOS ST., FOUNTAIN VALLEY CA 92708 & 10200 SLATER AVE., FOUNTAIN VALLEY CA 92708
Agency negotiator: Maggie Le, City Manager; Omar Dadabhoy, Deputy City Manager-Community Development Director; Rob Frizzelle, Community Services Director; Bill McQuaid, Fire Chief, Director of Public Works, Ryan Smith, Finance Director; Colin Burns, Attorney for the City Negotiating parties: Fountain Valley and Boys and Girls Club of HV Under negotiation: Price and terms of payment
Mayor Pro Tem Grandis recused himself from this discussion No reportable action taken

2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: 1 potential case
No reportable action taken

3. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of case: SoCal Recovery vs. Costa Mesa (9th Circuit US Court of Appeal) No reportable action taken

4. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor and Mayor Pro Tempore Unrepresented employee: City Manager
No reportable action taken

OPEN SESSION
CALL TO ORDER 6:06 p.m.

INVOCATION Council member Jim Cunneen
SALUTE TO THE FLAG Council member Patrick Harper

CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY/ ROLL CALL Council Members Present: Bui, Cunneen, Harper, Mayor Pro Tem/Vice Chair Grandis, Mayor/Chair Constantine
Council Members Absent: None

ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
Item No. 3 – amended minutes of the Special Meeting and on item 11 there was a revised amendment with Interwest that has been signed.

CITY MANAGER / MAYOR UPDATES
City Manager Maggie Le informed the Council the Pony Baseball Opening Day is February 25th, the State of the City is March 1st, and a Community Garden Meeting on March 1st at Heritage Park, Fountain Valley Little League Opening Day on March 4th and Congress Woman Michelle Steel will have Mobile office hours on Tuesday march 7th from 8:30 am to 6:00 p.m. at The Senior Center Mayor Kim Constantine read a statement about the City Manager of Laguna Beach and condemned the action against a public servant.

FIRST CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
William Walker

CONSENT CALENDAR
Consent Calendar Items 1-4 and 6-9 were approved simultaneously.

1. Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.

ACTION: Move to Waive the reading in full of all ordinances under consideration and direct the Mayor to read by titles only.

MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

2. Receive and File the Draft Minutes of the February 7, 2023 Regular City Council Meeting ACTION: Move to Receive and File the Draft Minutes of the February 7, 2023 Regular City Council Meeting
MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

3. Receive and File the Draft Minutes of the February 16, 2023 Joint Special Meeting of the City Council and Measure HH Committee
ACTION: Move to Receive and File the Draft Minutes of the February 16, 2023 Joint Special Meeting of the City Council and Measure HH Committee MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

4. Approval to apply for the California Automated Permit Processing Program (CalAPP) and execute a Grant Agreement with the California Energy Commission ACTION: Move to approve to apply for the California Automated Permit Processing Program (CalAPP) and execute a Grant Agreement with the California Energy Commission
MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

5. Item Pulled by Mayor Pro Tem Grandis
Approval of a Resolution of the City of Fountain Valley implementing preferential permit parking for Easter, Cinco de Mayo, Mother's Day, Memorial Day, Independence Day and Labor Day for 2023
ACTION: Move to approve a Resolution of the City of Fountain Valley implementing preferential permit parking for Easter, Cinco de Mayo, Mother's Day, Memorial Day, Independence Day and Labor Day for 2023
MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

6. Approve Amendment No. 1 to Coop Agmt C-7-1828 between OCTA & Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Stanton, & Westminster for Magnolia St RTSSP to extend agreement through June 30, 2025 ACTION: Move to approve Amendment No. 1 to Coop Agmt C-7-1828 between OCTA & Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Stanton, & Westminster for Magnolia St RTSSP to extend agreement through June 30, 2025
MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

7. City of Fountain Valley Six Month Strategic Objectives Update for November 17, 2022 through May 11, 2023
ACTION: Move to receive and file the Six Month Strategic Objectives Update for November 17, 2022 through May 11, 2023
MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

8. Approval of a Resolution of the City of Fountain Valley authorizing designated positions to sign for activity on various Share (Asset Seizure) accounts with the Fountain Valley Credit Union.

ACTION: Move to approve a Resolution of the City of Fountain Valley authorizing designated positions to sign for activity on various Share (Asset Seizure) accounts with the Fountain Valley Credit Union
MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

9. Request to Destroy Community Services / Recreation Records and Housing / Community Development Records
ACTION: Move to approve the Request to Destroy Community Services / Recreation Records and Housing / Community Development Records
MOTION: Grandis SECOND: Constantine
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

ADMINISTRATIVE ITEMS

10. 11.

Adopt a Resolution to Establish a Retiree Health Savings (“RHS”) Plan Agreement No. 800389 with MissionSquare and Approve an Amendment to Resolution No. 9801 to Allow Voluntary Pre-tax Salary Contributions into their MissionSquare Retirement Health Saving ACTION: Move to Adopt a Resolution to Establish a Retiree Health Savings (“RHS”) Plan Agreement No. 800389 with MissionSquare and Approve an Amendment to Resolution No. 9801 to Allow Voluntary Pre-tax Salary Contributions into their MissionSquare Retirement Health Saving
MOTION: Grandis SECOND: Cunneen
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None
City Hall Finance Offices Project & Interwest Plan Checking Services ACTION: Move to Approve City Hall Finance Offices Project & Interwest Plan Checking Services
MOTION: Constantine SECOND: Harper
AYES: Bui, Cunneen, Harper, Grandis, Constantine
NOES: None
ABSENT: None
ABSTAIN: None

APPOINTMENTS

12. COMMITTEE, COMMISSION AND BOARD APPOINTMENTS–2022
The City Council voted on the following Committees and Commissions:

Persons with Disabilities Committee
The following applicants were appointed by a 5-0 vote by the City Council:

Herman Jack Ajamian, Georgia Bleiweis, Len Santoro, Nora Webb, Susanne Seiden, John Borack, Jerry Supernaw, Gail Olson, Katy Wright and Michael Mau Fountain Valley Community Foundation
The following applicants were appointed by a 5-0 vote by the City Council:

Barbara Montz, Larry Crandall, Michael White and Rudy Huebner. Tommie Servi was voted in by a 4-1 vote.

COUNCIL MEMBER ITEMS FOR FUTURE CONSIDERATION
There were no items

CITY COUNCIL/ SUCCESSOR AGENCY/ HOUSING AUTHORITY/ PUBLIC COMMENTS (Unscheduled Matters Only)
None
CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY AB 1234/GENERAL COMMENTS Council Member Bui
February 15 Attended the Interviews for Committees and Commissions February 16 Attended the Special Meeting with the City Council and Measure HH Advisory Group
Council Member Cunneen
January 26 Attended the first Economic Development Planning meeting with HDL and OC Library Board meeting
February 11 Attended the Miss Fountain Valley Scholarship program February 15 Participated in the Committee / Commission interviews February 16 Attended the Special Meeting with the City Council and Measure HH Advisory Group
Mayor Pro Tem Grandis
February 8 Attended the OC Sanitation board meeting
February 9 Attended the Chamber Grand Opening event for Kathryn Vargas Notary February 15 Attended the PCTA Board Meeting and OC Sanitation orientation and the Interviews for Committees and Commissions
February 16 Attended the Special Meeting with the City Council and Measure HH Advisory Group and the OC Sanitation virtual tour and the Community Foundation Board meeting and volunteer meeting
Mayor Constantine
February 7 I participated in the Finance Ad Hoc Committee Meeting at City Hall later it was my pleasure to swear in FVFD Bill McQuaid as our new Fire Chief in our Council Chambers.

February 8 I watched the Planning Commission Meeting on the City’s website.

February 9 Attended the FV Chamber of Commerce Government Affairs Committee Meeting (GAC) at Sonesta Suites, then attended the FV Friends of the Fountain Valley Library Board Meeting, attended a Tour of the Boys and Girls Club by City Hall, then participated in the City Selection Committee Meeting (CSC) at City of Orange Council Chambers.

February 10 I stopped in at the “Ticket to Paradise” Movie at the FV Senior Center, then participated in the Advisory Committee for Persons with Disabilities Valentine’s Dance at the same location.

February 11 I welcomed the audience to the 2023 Miss Fountain Valley Scholarship Competition at Goldenwest College and Topanga Scherf is our new Miss Fountain Valley! February 13 I participated in our employee “Free the Files” Day at City Hall (file purging), then an In n Out Lunch via their food truck at the Recreation Center.

February 14 Attended Rotary’s “Every Student Succeeding” Breakfast at the FV School District, then the Valentine’s Day Luncheon for senior citizens at the FV Senior Center.

February 15 I participated in the PCTA Meeting on Zoom and am now the Vice Chair, then participated in Arbor Day filming at Veterans Park for my FV Chamber of Commerce State of the City Luncheon on March 1st. That evening my fellow City Council Members and I interviewed 24 applicants for our City Commissions, Committees, and Boards.

February 16 Attended the “Mass Shooting & Critical Incident Preparedness Training” at the Tustin Sheriffs Training Facility, participated in the OC Mosquito and Vector Control Open House at their offices in Garden Grove, then stayed to participate in the monthly Board Meeting at the same location. Later, I participated in the Joint Special Meeting of the FV City Council and Measure HH Advisory oversight Committee Meeting at the FV Recreation Center, then participated in the FV Community Foundation Board Meeting at the FV Senior Center.

February 21 Attended the Rotary’s Most Improved Student breakfast meeting at the FV Senior Center.

Council Member Harper
February 9 Attended the City Selection meeting
February 13 Attended the OCTA Board meeting
February 15 Attended the Interviews for Committees and Commissions February 16 Attended the MSRC Committee meeting
February 16 Attended the Special Meeting with the City Council and Measure HH Advisory Group

ADJOURN THE MEETING OF THE CITY COUNCIL/SUCCESSOR AGENCY/HOUSING

AUTHORITY

Mayor Constantine adjourned the meeting at 7:24 pm to the next Meeting of the Fountain Valley City Council on March 7, 2023 at 6:00 p.m., in the Fountain Valley Council Chambers, 10200 Slater Avenue, Fountain Valley.
________________________________________________________________________________________________________________________________ Kim Constantine, Mayor
Attest:
___________________________
Rick Miller, City Clerk

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 7, 2023
Members of the City Council
SUBJECT: City Hall Public Safety Improvements –
Interwest Consulting Contract Amendment #3
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☒ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

City Hall is currently not a fully secure building. In order to protect those that work and do business in City Hall, this project would control access points in the non-public areas of City Hall. The Chief of Police Services has also contacted the Orange County Intelligence Assessment Center (OCIAC) to conduct a full safety audit of City Hall and provide additional recommendations to secure the building. This agenda item would approve a contract with Interwest Consulting Group to manage/coordinate the installation of safety doors/barriers in three locations in City Hall and obscure visibility into the City main conference room.

DISCUSSION:

Given the current design and layout, enhancements are needed to make Fountain Valley City Hall a more secure facility. Multiple Staff members and the public have raised concerns regarding the lack of barriers and ease of accessing work spaces.

This project would include the installation of doors with keyless entry systems (fobs): near Conference Room 1; adjacent to the public counters and Conference Room 2; and into the Administrative Department offices that access the City Council, City Manager and City Clerk offices. The project would also include the obscuring of the windows that view into Conference Room 1.

While the City is aware of the need for these safety measures, Chief Sheppard has contacted the Orange County Intelligence Assessment Center (OCIAC) to conduct a full safety audit of

City Hall Safety Project
March 7, 2023

City Hall. This audit is anticipated to begin later this month and will result in a list additional items that would enhance security. Once this study is complete, Staff will evaluate the items and their individual costs and address in future upgrades to City Hall.

FISCAL REVIEW:

Interwest Consulting Group has submitted a proposal for $11,930. The City of Fountain Valley’s FY 2022/23 budget includes a general fund appropriation in the amount of $674,258.00 for the City Hall Interior Remodel Project of which there are $449,258 in project funds unencumbered. Staff is recommending the transfer of $11,930 of these funds for Interwest’s services.

City Hall Interior Remodel Project Budget
FY 22/23 Approved Project Budget
(Fund 100) (1002210004)
$674,258.00
Appropriation Transfers
Appropriation Transfer from FY 2022/23 Approved Project Budget (Fund 100) (1002210004) to City Hall Finance
Offices Project
($225,000.00)
Appropriation Transfer from FY 2022/23 Approved Project Budget (Fund 100)(1002210004) to City Hall Safety
Improvements Project
($11,930.00)
Remaining Project Budget $449,258.00
Interwest Consulting Group, Inc. Financials
Interwest Consulting Group, Inc. CON 21-72 (Munis CON 1142) CON 21-72 (Munis CON 1142) * $400,000.00
Amendment No. 1 to CON 21-72 (Munis CON 1142) ** - UAP
Project
$12,275.00
Amendment No. 2 to CON 21-72 (Munis CON 1142) – City
Hall Finance Offices Project and Plan Checking Review
Services ***
$88,090.00
Amendment No. 3 to CON 21-72 (Munis CON 1142) – City
Hall Public Safety Improvements
$11,930.00
Total CON 21-72 (Munis CON 1142) Amount $512,295.00
*Approved by City Council on November 16, 2021
**Amendment No. 1 to CON 21-72 (Munis CON 1142) approved by City Council on January 17, 2023 ***Amendment No. 2 to CON 21-72 (Munis CON 1142) approved by City Council on February 21, 2023 PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

City Hall Safety Project
March 7, 2023

ATTORNEY REVIEW:

The City Attorney’s Office has reviewed this agenda item.

ALTERNATIVES:

Alternative No.1:

1. Approve an appropriation transfer of $11,930 from the FY22/23 City Hall Interior Remodel Project Budget to the City Hall Safety Project;

2. Accept a fee proposal from Interwest Consulting Group, Inc. for $11,930, and authorize staff to issue a Purchase Order to encumber the On-Call Construction Management and Inspection Services Contract; and

3. Approve Amendment No. 3 to the Interwest Consulting Group, Inc. As-Needed On-Call Construction Management and Inspection Services CON 21-72 (Munis CON 1142) for $11,930.

Alternative No. 2:

1. Do not approve the contract amendment or appropriations/transfer of funds.

RECOMMENDATION:

It is recommended that the City Council approve Alternative No. 1.

Prepared by: Omar Dadabhoy, Deputy City Manager/Community Development Director Reviewed by: Hye Jin Lee, P.E., Public Works Director
Fiscal review by: Ryan Smith, Finance Director/City Treasurer Approved by: Maggie Le, City Manager
Attachments:

1. Interwest Consulting Group, Inc. CON 21-72 (Munis CON 1142) – Construction Management and Inspection Services

2. Interwest Consulting Group, Inc. Amendment No. 3

3. Interwest Consulting Group, Inc. Proposal – City Hall Public Safety Improvements

AGREEMENT FOR CONSUL TANT SERVICES
CON-2-\-72.

As-Needed On-Call Const,uclion Managoment and Inspection Services This AGREEMENT is made and effective as of the EFFECTIVE DATE, by and between the City or Fountain Valley, a municipal corporation ("CITY") and lnterwest Consulting Group, Inc. ("CONSULTANT"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. IfRM
This AGREEMENT shall commence on November 16, 2021 ("EFFECTIVE DATE") and remain and continue In effect until all tasks described herein are completed but In no event later than November 15, 202-1, unless sooner tenninated or extended pursuant lo the provisions of this AGREEMENT.

SERVICES
CONSUL TANT shall perform the tasks described and set forth In Exhibit A, attached hereto and Incorporated herein as though set forth In full. CONSULTANT shall complete the tasl<s according to the schedule of performance which is also set forth in Exhibit A.

3. NOJJCE JO PROCEED
CONSUL TANT shall not perfom, any work or be entlUed to any compensation under this AGREEMENT until a written Notice to Proceed is Issued by CITY. The Notice to Proceed shall not Issue unless and until CONSULTANT submits proof, satisfactory to CITY, of Its procurement of appropriate Insurance required by this AGREEMENT. The failure of CONSULTANT to submit proof of appropriate insurance within 10 days of the EFFECTIVE DATE is a material breach and shall constitute cause for Immediate termination of this AGREEMENT by CITY.

4. PERFORMANCE
CONSULTANT shall al all times faithfully, competently, and to the best of his/her/its ability, experience, and talent perform all tasks described herein.

CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged In providing similar services as are required of CONSULTANT hereunder In meeting Its obligations under this AGREEMENT.

5. CITY MANAGEMENT
Director of Public Worl<s or her deslgnee shall represent CITY in all matters pertaining to the administration of this AGREEMENT, Including review and approval of all products submitted by CONSULTANT, but not Including the authority to enlarge the tasks to be performed or change the compensation due to CONSUL TANT.

The City Manager shall be authorized to act on CITY'S behalf and to execute all necessary documents that enlarge the tasks to be performed or change

CONSUL TANT's compensation, subject to Section 6 hereof. 6, PAYMENT
(a) CITY agrees to pay CONSUL TANT In accordance with the payment rates, terms, and schedule of payment set forth in Exhibit A. This amount shall not exceed Four Hundred Thousand
Dollars ($400,000.00 ) ('TOTAL CONTRACT SUM") for the total term of this AGREEMENT unless additional payment is approved as provided in this AGREEMENT.
(b) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT that are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. This written authorization requirement cannot be waived. CONSUL TANT shall be compensated for any additional services in the amounts and in the manner as ag,eed to by the City Manager and CONSUL i ANT at the time CITY's written authorization is given to CONSUL TANT for the perfotmance of said additional services. The City Manager's authority to approve additional compensation Is subject to Fountain Valley Municipal Code section 2.36.110. Approval of additional compensation that exceeds the City Manager's authority as specified in Fountain Valley Municipal Code section

2.36.110 must be obtained from the City Council.

7. PUBLIC WORK
Notice Is provided pursuant to Labor Code Section 1781 that all or a portion of the work contemplated in this AGREEMENT may constitute a "public work" as defined in Chapter 1, Part 7, and Division 2 of the Labor Code, to which Section 1771 applies. If all or a portion of the work contemplated under tl1is AGREEMENT constitutes "public work," then CONSULTANT shall pay prevailing wages, unless exempt, on those portions of the work which rnquire payment of prevailing wages under the prevailing wage laws (Labor Code, §§ 1720 et seq.), and shall comply with the following:
(a) Prevailing Wage Rates. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages can be found at http://www.dir.ca.gov/OPRUPWD/index,htm and are on file at City Hall, which shall be made available to any Interested party upon request. CONSUL 'f ANT shall post a copy of the determination of the director of the prevailing rate of per diem wages at each job site. Said per diem wages are deemed to include employer payments for health and welfare, pension, vacation and travel time, and subsistence pay, all in accordance with Section 1773, 1 of the Labor Code, (b) Payroll Records. The provisions of Section 1776 of the Labor Code regarding the preparation, maintenance, and filing of payroll records are applicable to this AGREEMENT. CONSULTANT and each subconsultant shall keep accurate payroll records showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the

actual per diem wages paid to each Journeyman, apprentice, worker, or other employee employed by him/her/it In connection with the public work. Certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or contain the same information. CONSULTANT'S AND ANY

SUBCONSULTANT'S PAYROLL RECORDS SHALL BE SUBMITTED TO CITY ON A WEEKLY BASIS. CONSULTANT SHALL BE RESPONSIBLE FOR SUBMITTAL OF SUBCONSULTANT'S PAYROLL RECORDS. Additionally, CONSULTANT or subconsultant has ten (10) days in which to comply subsequent to receipt of a written notice requesting the records enumerated In Section 1776, subdivision (a), of the Labor Code. In the event that CONSUL TANT or subconsullant falls lo comply within the ten (10) day period, he/she/ii shall, as a penalty to CITY, forfeit One Hundred Dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. CITY may deduct this penalty from any monies due or that may become due CONSUL TANT under this AGREEMENT. (c) Penalt�. CONSULTANT and any subconsultant under CONSULTANT shall, as a penalty to CITY, forfeit not more than Two Hundred Dollars ($200.00) for each calendar day, or portion thereof, for each worker paid (either by CONSULTANT or any subconsultant under CONSULTANT) less than the prevailing rate set forth herein on the work provided for in this AGREEMENT. CITY may deduct the penalty from any monies due or that may become due CONSUL TANT under this AGREEMENT. The difference between the prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate shall also be paid to each worker by CONSUL TANT or subconsultant, in accordance with Section 1775 of the Labor Code of the State of California.
(d) Apprentices. If applicable, the provisions of Labor Code Section 1777 .5 requiring the use of apprentices In certain ratios to journeymen are hereby imposed upon CONSUL TANT.
(e) Legal Dav's Work. In the performance of this AGREEMENT, not more than eight (8) hours shall constitute a day's work, and CONSUL TANT shall not require more than eight (8) hours of labor In a day from any person employed by him hereunder except as provided in Labor Code Section 1815. CONSUL TANT shall conform to Article 3, Chapter 1, Part 7 (Sections 1810 et sag.), of the Labor Code of the State of California, and it is agreed that CONSULT ANT shall forfeit to CITY as a penalty the sum of Twenty-Five Dollars ($25.00) for each worker employed in the execution of this AGREEMENT by CONSUL. TANT or any subconsullant for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in any one (1) calendar day and forty (40) hours in any one (1) week in violation of said article. CITY may deduct this penalty from any monies due or that may become due pursuant to this AGREEMENT.

B. SUSPENSION QB TERMINATION OF AGREEMENT WITHOUT CAUSE (a) CITY may at any lime, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon CONSULTANT, at least thirty (30) days prior, written notice. Upon receipt of

said notice, CONSUL TANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or Invalidate the remainder of this AGREEMENT. (b} In the event this AGREEMENT is terminated pursuant to this section, CITY shall pay to CONSUL TANT the actual value of the work performed up to the time of termination, provided that the work performed is of value to CITY. Upon termination of the AGREEMENT pursuant to this section, CONSUL TANT will submit an invoice to CITY detailing work performed up to the time of termination.

9. DEFAULT OF CONSULTANT
(a} CONSULTANT's failure to comply with the prov1s1ons of this AGREEMENT shall constitute a default. In the event that CONSUL TANT is in default for cause under the terms of this AGREEMENT, CITY shall have no obligation or duty to continue compensating CONSUL TANT for any work performed after the date of default and can terminate this AGREEMENT immediately by written notice to CONSUL TANT. If such failure by the CONSUL TANT to make progress in the performance of work hereunder arises out of causes beyond CONSUL TANT's control, and without lault or negligence of CONSULTANT, It shall not be considered a default.
(b} As an alternative to the procedure for immediate termination for de la ult set forth in subparagraph (a), If CITY determines that CONSUL TANT is In default In the performance of any of the terms or conditions of this AGREEMENT, CITY may in Its discretion cause to be served upon CONSUL TANT a written notice of the default and demand to cure. CONSULTANT shall have ten (10) calendar days after service upon il of said notice to cure the default by rendering a satisfactory performance. In the event that CONSULTANT falls to cure its default within such period of time, CITY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which It may be entitled at law, In equity, or under this AGREEMENT.

10. OWNERSHIP OF DOCUMENTS
(a} CONSULTANT shall maintain complete and accurate records with respect to the plans, specifications, estimates, drawings, design calculations, letters, reports, testing results, and other such Information including as"built records as required by CITY that relate to the performance of services under this AGREEMENT. CONSUL TANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to the representatives of CITY or Its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make copies and transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings,

and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.
(b) Upon completion, termination, or suspension of this AGREEMENT all plans, specifications, engineer's estimates, and other documents prepared in the course of providing the services to be performed pursuant to this AGREEMENT shall become the sole property of CITY and may be used, reused, or otherwise disposed of by CITY without the permission of CONSUL TANT. With respect to computer files, CONSULTANT shall make available to CITY, at CONSULTANT's office and upon reasonable written request by CITY, the necessary computer software and hardware for purposes of accessing, compiling, transfening, and printing computer files.

11. INPEMNIEIGAJION
(a) Indemnification for. Professional Liability. When the law establishes a professional standard of care for CONSULT ANT's services, to the fullest extent permitted by law, CONSULTANT shall indemnify, protect, defend, and hold harmless CITY and any and all of its officials, employees, and agents ("INDEMNIFIED PARTIES") from and against any and all losses, liabilities, damages, costs, and expenses, Including attorney's fees and costs to the extent the same are caused In whole or In part by any negligent or wrongful act, error, or omission of CONSUL TANT, Its officers, agents, employees, or subconsultanls (or any enUty or individual that CONSUL TANT shall bear the legal liability thereof) in Iha performance of professional services under this AGREEMENT. With respect to the design of public Improvements, CONSULTANT shall not be liable for any Injuries or property damage resulUng from lhe reuse of the design at a location other than that specified in this AGREEMENT without the written consent of CONSULTANT. With respect to the duty lo defend, If CONSUL TANT Is a design professional as defined In Civil Code Section 2782.8, in no event shall the cost to defend charged to the CONSUL TANT exceed the CONSUL TANT's proportionate percentage of fault. However, notwithstanding the previous sentence, In the event one or more defendants in a suit is unable to pay its share of defense costs due lo bankruptcy or dissolution of the business, the CONSUL TANT shall meet and confer with other parties regarding unpaid defense costs.
(b) Indemnification for Other Than Professional Liability. Other than In the perfonnance of professional services and to the full extent permitted by law, CONSUL TANT shall indemnify, defend, and hold harmless CITY, and any and all of its employees, officials, and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, whether actual, alleged, or threatened, Including attorneys fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, In whole or in part, the performance of this AGREEMENT by CONSULTANT or by any Individual or entity for which CONSULTANT Is legally liable, Including but not limited to officers, agents, employees, or subconsultants of CONSULTANT.
(c) General Indemnification Provisions. CONSUL TANT agrees to obtain executed Indemnity agreements with provisions identical to those set forth hare In this section from each and every subconsultant or any other parson or entity

involved by, for, with or on behalf of CONSULTANT In the performance of this AGREEMENT, In the event CONSUL TANT fails to obtain such indemnity obligations from others as required here, CONSUL TANT agrees to be fully responsible according to the terms of this section. Failure of CITY to monitor compliance with these requirements imposes no additional obligations on CITY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend CITY as set forth here Is binding on the successors, assigns, or heirs of CONSULTANT and shall survive the termination of this AGREEMENT or this section. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of lhls Indemnity or AGREEMENT. This indemnity shall apply to all claims and liability regardless of whether any Insurance policies are applicable.
(d) Indemnity Provisions for Contracts Related to Construction. This paragraph applies only when this AGREEMENT is related to construction. Without affecting the rights of CITY under any provision of this AGREEMENT, CONSUL TANT shall not be required to indemnify and hold harmless CITY for liability attributable to the active negligence of CITY, provided such acUve negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In Instances where CITY is shown to have been actively negligent and where CITY's active negligence accounts for only a percentage of the liability involved, the obligation of CONSUL TANT will be for that entire portion or percenlage of liability not attributable to the active negligence of CITY,

12. INSURANCE
Prior to performing any work or receiving any compensation under this AGREEMENT, CONSUL TANT shall obtain, and thereafter maintain for the duration of this AGREEMENT, insurance coverage as specified in Exhibit B, attached hereto and Incorporated herein as though set forth in full.

13. WARRANTY EQB Goops
(a) If this AGREEMENT includes the purchase of equipment, supplies, or chattel (hereafter "GOODS"), CONSULTANT shall provide the following warranty of said GOODS, or obtain a warranty from the manufacturer and/or retailer with provisions equal to or exceeding !hose specified in this Section. In the event the manufacturer's warranty or retailer's warranty do not equal or exceed the protections specified in this Section, CONSUTLANT agrees to provide said warranty protections.

The warranty described hereunder extends to the original purchaser of the GOODS warranted under the warranty, and to each transferee owner of the GOODS, The term of this warranty begins on the date the GOODS are delivered to CITY, and continues therefrom. CONSULT ANT warrants that:
(1) The GOODS will function property under normal use, will be of good workmanship, free from defect, of merchantable quality, and fit for CITY's Intended use;
(2) The GOODS will fully comply with any specifications provided by CITY and any samples or documentation provided by CONSUL TANT; (3) The GOODS will be frea of any security Interests, liens, or encumbrances and CONSULTANT has title to the GOODS;

(4) The GOODS will not violate any Intellectual property rlghls of any third party;
(5) The GOODS will be delivered free of the rightful cl elm of a third person by way of Infringement; and
(6) The GOODS are merchantable in accordance with Commercial Code Section 2314.
(b) The warranty listed above is in addition to any other warranties made by CONSULTANT, the manufacturer, retailer, or Imposed by law. All warranties will survive inspection and payment by CITY and are assignable to CITY's successors and assigns. If any GOODS do not meet the warranty, CITY may, at CITY's option, and without additional cost to CITY:
( 1) Require CONSULT ANT to repair or replace lhe GOODS until the GOODS meet the warranty. If CONSULTANT cannot replace the GOODS and repair either is not commercially practicable or cannot be made within three (3) days, CONSUL TANT will refund the purchase price;
(2) Return any of the GOODS to CONSUL TANT at CONSUL TANT's expense for a full refund;
(3) Correct the nonconformance and charge CONSUL TANT for the costs to make the correction; or
(4) Engage a third party to provide substitute GOODS and charge CONSULTANT for the costs of obtaining Iha substitute GOODS from the third party.

14. INDEPENDENT CQNTBACTOB
(a) CONSUL TANT is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSUL TANT's exclusive direction and control. Neither CITY nor any of Its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSUL TANT's officers, employees, or agents, except as set forth In this AGREEMENT. CONSULTANT shall not at any time or In any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to Incur any debt, obligation, or liability whatsoever against CITY, or bind CITY in any manner. (b) No employee benefits shall be available to CONSUL TANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided In this AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSUL TANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder. In

addition to the indemnification provisions of Section 11, CONSUL TANT shall indemnify, defend, and hold CITY harmless from claims or liability arising from CONSUL.TANT's employees for CITY benefits including, but not limited to, pension, health benefits, holiday, vacations, etc.

15. LEGAL RESPONSIBILITIES
CONSUL. TANT shall keep itself Informed of State and Federal laws and regulations which in any manner affect those employed by II or in any way affect the perfonnance of Its service pursuant to this AGREEMENT. CONSULTANT shall at all times observe and comply with all such laws and regulations. CITY, and its officers and employees, shall not be liable al law or in equity occasioned by failure of CONSULT ANT to comply with this Section.

16. POLITICAL REFORM ACT
If the Political Reform Act requires CONSUL TANT lo file a Form 700, then CONSUL TANT must file a Form 700 with full disclosure within 30 days of assuming office and thereafter must file an annual statement for each calendar year of this AGREEMENT.

17. UNDUE INFLUENCE
CONSUL TANT declares and warrants that no undue influence or pressure is used against or In concert with any officer or employee of CITY in connection with the award, terms, or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employoo of the CITY will receive compensation, directly or indirectly, from CONSUL TANT, or from any officer, employee, or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT, Violation of this section shall be a material breach of this AGREEMENT entitling CITY to any and all remedies at law or in equity.

18. NO BENEFIT TO ARISE TO LOCAi EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the project during his/her tenure or for one year thereafter, shall have any interest, direct or Indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be perfonned in connection with this AGREEMENT.

19. RELEASE QE INEPBMAUQN I CQNFUCTS QF INTEREST
(a) All information gained by CONSUL TANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSUL TANT without CITY's prior written authorization. CONSUL TANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the Attorney for the City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information

concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.
(b) CONSULTANT shall promptly notify CITY should CONSUL TANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this AGREEMENT and the work performed thereunder or with respect to any project or property located within Iha CITY.

CITY retains the right, but has no obligation, to represent CONSULTANT ancllor be present at any deposition, hearing, or similar proceeding. CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not Imply or mean the right by CITY to control, direct, or rewrite said response.

20. SECURITY Of INFORMATION
CONSUL TANT shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information acquired during performance of this AGREEMENT that could result In the unauthorized disclosure, misuse, alteration, destruction, or other compromise of the Information.

CONSUL TANT shall regularly assess the sufficiency of any safeguards and Information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards In light of the assessment.

21. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be In writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) malling in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

CITY
City of Fountain Valley
10200 Slater Avenue
Fountain Valley, California 92708
Attention: City Clerk

22. ASSIGNMENT

CONSULTANT
lnterwest Consulling Group
1 Jenner, Suite 160
Irvine, CA 92618
Attention; Tom Wilkes
CONSUL TANT shall not assign the performance or this AGREEMENT, nor

any part thereof, nor any monies due hereunder, without the prior written consent of CITY.
0 [Check if Applicable] CONSULTANT shall provide CITY fourteen (14) days' notice prior to the departure of any key personnel from CONSUL TANT's employ.

Should key personnel leave CONSUL TANT's employ, CITY shall have the option to Immediately terminate this AGREEMENT, within three (3) days of the close of said notice period. Upon termination of this AGREEMENT, CONSUL TANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed lo In writing between the City Council and CONSUL TANT.

D (Check if Applicable] Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only ("PRINCIPAL") shall perform the services described In this AGREEMENT. PRINCIPAL may use assistants, under his/her direct supervision, to perform some of the services under this AGREEMENT. CONSULTANT shall provide CITY fourteen (14) day's notice prior to the departure of PRINCIPLE from CONSUL TANT's employ. Should he or she leave CONSUL TANT's employ, CITY shall have the option to immediately terminate this AGREEMENT, within three (3) days of the close of said notice period.

Upon termination of this AGREEMENT, CONSULTANT's sole compensation shall be payment for actual services performed up to, and Including, the date of termination or as may be otherwise agreed to In writing between CITY and CONSULTANT.

23. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT shall have in full force and effect, all licenses required of it by law for the performance of the services described in this AGREEMENT including, but not limited to, a Fountain Valley business license.

24. GOVERNING LAW
CITY and CONSUL TANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to U1ls AGREEMENT and also govern the interpretation of this AGREEMENT. Any litigation concerning this AGREEMENT shall take place In Orange County Superior Court or Central District of California Federal District Court,

25. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating lo the obligations of the parties described In this AGREEMENT. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this AGREEMENT and shall be of no further force or effect. Each party Is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

26. CONTI;NTS OF REQUEST FOR PROPOSAL AND PROPOSAL
CONSULTANT Is bound by the contents of CITY's Request for Proposals and the contents of the Proposal submitted by CONSUL TANT. In the event of conflict, this AGREEMENT shall take precedence over CITY's Request for Proposals and CONSULTANT'S Proposal; and CITY's Request for Proposals shall take precedence over CONSULTANT'S Proposal. No limitation of CONSULTANT'S liability, waiver of rights of CITY, or release of rights or remedies held by CITY, contained in CONSULTANT'S Proposal shall be of any force or effect.

27. INTERPRETATION
In the event of conflict or inconsistency between this AGREEMENT and any other document, including any proposal or Exhibit hereto, this AGREEMENT shall control unless a contrary intent is clearly stated. This AGREEMENT shall be interpreted as though drafted by all parties hereto.
28, MODIFICATION
No modification to this AGREEMENT shall be effective unless it Is In writing and signed by authori,:ed representatives of the parties hereto. The written modification requirement cannot be waived.

29. ATTORNEY FEES
In any action or proceeding brought by either party against the other party arising out of or In any way connected to this AGREEMENT, or where any provision hereof ls validly asserted as a defense, the parties shall bear their own attorney's fees, costs, and expenses. Nothing in this provision shall excuse CONSULTANT's duty to provide CITY with a defense at CONSULTANT'S cost when CITY receives a complaint, petition, or other pleading from a third party requiring CITY to defend ilself.

30. t)UTHORIJY IQ EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULT ANT warrants and represents that he/she/they has the authority to execute this AGREEMENT on behalf of CONSULTANT and has the authority to bind CONSULTANT to the perfonnance of his/her/its obligations hereunder Ill
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CITY OF FOUNTAIN VALLEY
Mayor, Michael Vo
ATTEST:

Approved as to Form:

HARPER & BURNS LLP
Attorneys for the City
Approved as to Content:

CONSULTANT
Avner All<has
Typed Name
Chief Financial Officer
Title
Corporate seal (or attach Notary
acknowledgment)

STATE OF COLORADO
COUNTY OF }....M J rv> U\
S1GNF.D AND AFFIRMED TO BEFORE ME ON
J..L1J:;t.1�� BY A, �n-e-:t A)k-J---1:AJ
rv An7x·· .-:-.-•;• ��-- . ...: ...... .

MY COl,IMISSIOll EXPlllES:1-.J� ,:J--0 K· ' . :

MICHELLE ANNE Al Km
NOTARY PUOLIC · HATE OF COLO!l/\00
NOTARY ID 20214002066
MY COMMISSION EXPIRES JAN 15, 2025

AMENDMENT NO. 2 TO CON 21-72 FOR AS-NEEDED ON-CALL CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES
THIS SECOND AMENDMENT to CON 21-72 is made and entered into this 21 st day of February, 2023, by and between the City of Fountain Valley (hereinafter "CITY") a municipal corporation (hereinafter "CITY"), and lnterwest Consulting Group, Inc. (hereinafter "CONSUL TANT").

Recitals
WHEREAS, CITY and CONSUL TANT previously entered into an Agreement for AsNeeded On-Call Construction Management and Inspection Services CON 21-72 dated November 16, 2021, ("AGREEMENT"); and
WHEREAS, the AGREEMENT was for an amount not-to-exceed $400,000.00 and expires November 15, 2024; and
WHEREAS, on January 17, 2023, CITY and CONSULTANT entered into a FIRST AMENDMENT to the AGREEMENT, to provide for additional As-Needed On-Call Construction Management and Inspection Services for the UAP Project, and agreed that the compensation provided to CONSUL TANT shall be increased by an amount not to exceed $12,275.00; and WHEREAS, the parties do now desire to expand the scope of services called for under the AGREEMENT to provide for additional As-Needed On-Call Construction Management and Inspection Services for the City Hall Finance Offices Project, and to provide CONSUL TANT with additional compensation of an amount not to exceed $11,930.00; and WHEREAS, the parties do now desire to expand the scope of services called for under the AGREEMENT to provide for additional As-Needed On-Call Construction Management and Inspection Services for the Plan Checking Review Services, and to provide CONSULTANT with additional compensation of an amount not to exceed $76,160.00; and WHEREAS, while CITY has not expended the TOTAL CONTRACT SUM provided for in the AGREEMENT, the funds remaining are insufficient for the proposed City Hall Finance Offices Project scope of work; and
WHEREAS, the parties desire to amend the AGREEMENT to increase the TOTAL CONTRACT SUM by $88,090.00 through November 15, 2024.

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Now therefore, the parties do hereby agree that:

1. The compensation provided to CONSUL TANT shall be increased by an amount not to exceed $88,090.00.

2. The scope of services and compensation provided to CONSULTANT shall not exceed a TOTAL CONTRACT SUM of $500,365.00.

3. That the AGREEMENT, as amended, shall remain in effect until November 15, 2024.

4. Except as specifically stated herein, all other terms and conditions of the AGREEMENT, as amended, shall remain in full force and effect.

ATTEST: CITY OF FOUNTAIN VALLEY
Rick Miller, City Clerk Kim Constantine, Mayor
APPROVED AS TO FORM: CONSULTANT
r;/'v�
Attorneys for the City Owner
APPROVED AS TO CONTENT:

Hye Jin Lee, Public Works Director

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 7, 2023
Members of the City Council
SUBJECT: Introduction and First Read of An Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements to the Fountain Valley Municipal Code
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☐ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

An amendment to the Fountain Valley Municipal Code (“F.V.M.C.”) adding sections 4.35 Group Homes and 21.29 Group Homes and amending section 21.08.030 Residential Zoning District land Uses and Permit Requirements to provide for zoning regulations and permit requirements for group homes in accordance with State law.

DISCUSSION:

The City Council directed staff to prepare draft regulations governing sober living facilities for City Council consideration, based on the regulations adopted by the City of Costa Mesa in 2014. The proposed ordinance is modeled after the City of Costa Mesa’s ordinance.

Over the past several years the City of Fountain Valley, Orange County and State of California have seen a significant increase in the number of single- and multi-family homes being utilized as alcohol and drug recovery facilities for large numbers of individuals (“sober living homes”).

The City of Fountain Valley has seen a steady increase in the number of sober living facilities operating in its single-family residences. The purpose of sober living homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they can reside in the residential neighborhood of their choice.

Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements March 7, 2023

The rapidly increasing number of sober living homes in the City of Fountain Valley has led to an overconcentration of sober living homes in certain areas of the City’s residential neighborhoods, which is both deleterious to the residential character of these neighborhoods and may also lead to the institutionalization of such neighborhoods. As a result, the City continues to receive comments and concerns from members of the public regarding the lack of local regulations governing these facilities, and staff continues to receive reports regarding neighbors experiencing adverse impacts from these facilities, including, but not limited to, noise, excessive debris/trash, second-hand smoke, loitering, traffic, increased parking demands, and the clustering of group homes near each other. The clustering of these homes can have the effect of altering the residential character of neighborhoods so that it appears more institutional and business-oriented in nature.

There is also a legitimate interest in protecting the vulnerable clients of these facilities, who are persons in alcohol and drug recovery. Without regulations, oversight, and government control, persons are being taken advantage of by business-oriented facility operators, who care more about their profit than the health and wellbeing of the persons residing in their facilities. Persons in recovery are being exploited for their insurance money and financial gain to the disadvantage of the persons residing in the facilities as well as the surrounding neighborhood.

Accordingly, the proposed ordinance seeks to regulate group homes and sober living facilities to curb these evils, providing a safe space for persons to recover from drug and alcohol addiction and preserving the residential character of neighborhoods. The proposed ordinance regulates group homes and sober living homes in accordance with State and Federal law.

State and Federal Law
The California Constitution gives cities broad police powers to preserve the characteristics of residential zones. The Federal Fair Housing Act (“FHAA”) and California Fair Employment Housing Act (“FEHA”) prohibit enforcement of zoning ordinances which on their face discriminate, or have the effect of discriminating, against equal housing opportunities for persons with disabilities. Persons recovering from alcohol and drug addiction, who are not currently using alcohol or drugs, are considered persons with disabilities under both the FHAA and FEHA. The FHAA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford a handicapped person an equal opportunity to use and enjoy a dwelling.

The California Lanterman Act requires cities to treat state licensed residential care facilities serving six or fewer as a residential use, meaning the City cannot impose any zoning restrictions on state licensed residential care facilities that it does not impose on other residences.1 A city also cannot impose zoning restrictions, or occupancy limits for unrelated persons who live together that do not also apply to other single-family residences, if the unrelated persons live together as a single housekeeping unit.2 If a group of people living 1 Health and Safety code 11834.21; 11834.23.
2 City of Santa Barbara v. Adamson, 27 Cal. 3d 123, 134.

Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements March 7, 2023

together can meet the definition of a “household” or “family,” there is no limit on the number of people who are permitted to live together, except for Housing Code limits.

Proposed Regulations on Group Homes and Sober Living Facilities The proposed ordinance excludes state licensed care facilities and any group home and/or sober living home that operates as a single housekeeping unit from its zoning restrictions and permit requirements. Facilities that are licensed by the state or households that operate as a single housekeeping unit will not be regulated by this ordinance in compliance with State law.

Group homes with six or fewer residents in the R1, GH, R2, R3, and R4 zones will have to obtain a special use permit. Group homes with seven or more residents are not permitted in the R1 zone. Group homes with seven or more residents in the GH, R2, R3, and R4 zones must obtain a conditional use permit and an operator’s permit.

Permits will not be issued pursuant to the ordinance unless there is a 650-foot separation between the applicant’s group home and any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. All occupants, other than the house manager, must be actively participating in a legitimate recovery program. A permit will not be issued if the owner/operator or staff person is a sex offender, violent felon, or drug dealer.

Additional requirements include a twenty four hour house manager present at the group home on a day to day basis, transportation for evicted residents to their permanent address, and prohibition of the use of any alcohol or any non-prescription drug at the sober living home or by any resident either on or off site.

In addition, existing group homes must apply for a special use permit within ninety days of the effective date of the ordinance. Group home and sober living home operators may seek relief from any section of the ordinance by requesting a reasonable accommodation pursuant to Fountain Valley Municipal Code section 21.08.060.

Planning Commission Review and Recommendation:

On February 8, 2023, the Planning Commission, at a duly noticed public hearing, heard the proposed Ordinance, and voted 5-0 to recommend the adoption of the Ordinance by the City Council with the guidance that the imposition of greater fines for violators be looked into by staff. The Ordinance is now to the City Council for review and approval as recommended by the Planning Commission.

FISCAL REVIEW:

There is no fiscal impact related to this item.

PUBLIC NOTIFICATION:

This item was agendized in compliance with the Brown Act and noticed as a public hearing.

Ordinance Adding Chapters 4.35 Group Homes and 21.29 Group Homes and Amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements March 7, 2023

ENVIRONMENTAL IMPACT REVIEW:

This request is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, because it has no potential for resulting in a physical change to the environment, directly or indirectly.

ATTORNEY REVIEW:

The Attorneys for the City reviewed and approved this ordinance.

ALTERNATIVES:

Alternative No.1: Approve the introduction-first read of an ordinance adding chapters 4.35 Group Homes and 21.29 Group Homes and amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements.

Alternative No. 2: Do not approve the proposed ordinance. and provide direction to staff.

RECOMMENDATION:

If the City Council desires to regulate group homes in accordance with the City of Costa Mesa and its ordinance, Staff recommends Alternative No.1: Approve the introduction-first read of an ordinance adding chapters 4.35 Group Homes and 21.29 Group Homes and amending Section 21.08.030 Residential Zoning District Land Uses and Permit Requirements.

Prepared by: Alexandra Halfman, Attorneys for the City
Reviewed by: Omar Dadabhoy, Community Development Director Approved by: Maggie Le, City Manager
Attachments: 1. Resolution No. 23-04 with attached Ordinance labeled “Exhibit A”

“Exhibit A”
ORDINANCE NO.______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY ADDING CHAPTERS 4.35 GROUP HOMES
AND 21.29 GROUP HOMES AND AMENDING SECTION

21.08.030 RESIDENTIAL ZONING DISTRICT LAND USES AND

PERMIT REQUIREMENTS TO THE FOUNTAIN VALLEY

MUNICIPAL CODE
WHEREAS, under the California Constitution, Article XI, Section 7, the City has been granted broad police powers to preserve the residential characteristics of its R1, GH, R2, R3, and R4 zones, which powers have been recognized by both the California Supreme Court and United States Supreme Court, the latter of which has stated that, “It is within the power of the legislature to determine that the community should be beautiful as well as healthy, spacious as well as clean, well-balanced as well as carefully patrolled;” WHEREAS, the Federal Fair Housing Act Amendments (“FHAA”) and the California Fair Employment Housing Act (“FEHA”) prohibit enforcement of zoning ordinances which on their face discriminate, or have the effect of discriminating, against equal housing opportunities for persons with disabilities; WHEREAS, a core purpose of the FHAA, FEHA and California’s Lanterman Act is to provide a broader range of housing opportunities to persons with disabilities; to free persons with disabilities, to the extent possible, from institutional style living; and to ensure that persons with disabilities have the opportunity to live in normal residential surroundings and use and enjoy a dwelling in a manner similar to the way a dwelling is enjoyed by others;
WHEREAS, to fulfill this purpose the FHAA and FEHA also require that the City provide reasonable accommodations to its zoning ordinances if such accommodation is necessary to afford a handicapped person an equal opportunity to use and enjoy a dwelling;
WHEREAS, the Lanterman Act fulfills this purpose in part by requiring cities to treat state licensed residential care facilities serving six or fewer as a residential use; WHEREAS, in enacting this Ordinance the City Council of the City of Fountain Valley is attempting to strike a balance between the City’s and residents’ interests of preserving the characteristics of residential neighborhoods and to provide opportunities for persons with disabilities to reside in such neighborhoods that are enjoyed by others; WHEREAS, over the past several years the City, County and State have seen a significant increase in the number of single- and multi-family homes being utilized as alcohol and drug recovery facilities for large numbers of individuals (hereafter, “sober living homes”);

“Exhibit A”
WHEREAS, the increase appears to be driven in part by the Substance Abuse and Crime Prevention Act of 2000 (hereafter, “the Act”) adopted by California voters which provides that specified first-time drug and alcohol offenders are to be afforded the opportunity to receive substance abuse treatment rather than incarceration; WHEREAS, the Affordable Care Act has significantly expanded the availability of health care coverage for substance abuse treatment;
WHEREAS, the City of Fountain Valley has seen a sharp increase in the number of sober living homes, which has generated secondary impacts including, but not limited to neighborhood parking shortfalls, overcrowding, inordinate amounts of second-hand smoke, and noise; and the clustering of sober living facilities in close proximity to each other creating near neighborhoods of sober living homes; WHEREAS, over the last decade the number of sober living homes in the City of Fountain Valley is rapidly increasing, leading to an overconcentration of sober living homes in certain of the City’s residential neighborhoods, which is both deleterious to the residential character of these neighborhoods and may also lead to the institutionalization of such neighborhoods;
WHEREAS, the purpose of sober living homes is to provide a comfortable living environment for persons with drug or alcohol addictions in which they remain clean and sober and can participate in a recovery program in a residential, community environment, and so that they have the opportunity to reside in the residential neighborhood of their choice;
WHEREAS, recovering alcoholics and drug addicts, who are not currently using alcohol or drugs, are considered persons with disabilities under both the FHAA and FEHA;
WHEREAS, based on the City’s experience it has become clear that at least some operators of sober living homes are driven more by a motivation to profit rather than to provide a comfortable living environment in which recovering addicts have a realistic potential of recovery, or to provide a living environment which remotely resembles the manner in which the non-disabled use and enjoy a dwelling; WHEREAS, persons with drug and/or alcohol addictions are an extremely vulnerable population and City desires to protect these persons from, based on City’s experience, sober living home operators, who are interested solely in profit and have been exploiting persons in recovery for insurance money and financial gain to the disadvantage of the person as well as the surrounding neighborhood;
WHEREAS, establishing distance requirements for sober living homes is reasonable and non-discriminatory and not only helps preserve the residential character of the R1, GH, R2, R3, and R4 zones; as well as the planned development residential

“Exhibit A”
neighborhoods, but also furthers the interest of ensuring that persons with disabilities are not living in overcrowded environments that are counterproductive to their well-being and recovery;
WHEREAS, sober living homes do not function as a single housekeeping unit for the following reasons: (1) they house extremely transient populations (programs are generally about 90 days and a 2008 UCLA study found that 65-70% of recovering addicts don’t finish their recovery programs); (2) the residents generally have no established ties to each other when they move in and typically do not mingle with other neighbors; (3) neighbors generally do not know who or who does not reside in the home; (4) the residents have little to no say about who lives or doesn’t live in the home; (5) the residents do not generally share expenses; (6) the residents are often responsible for their own food, laundry and phone; (7) when residents disobey house rules they are often just kicked out of the house; (8) the residents generally do not share the same acquaintances; and (9) residents often pay significantly above market rate rents; WHEREAS, because of their extremely transient populations, above-normal numbers of individuals/adults residing in a single dwelling and the lack of regulations, sober living facilities present problems not typically associated with more traditional residential uses, including but not limited to: the housing of large numbers of unrelated adults who may or may not be supervised; disproportionate numbers of cars associated with a single housing unit, which causes disproportionate traffic and utilization of on-street parking; excessive noise and outdoor smoking, which interferes with the use and enjoyment of neighbors’ use of their property; neighbors who have little to no idea who does and does not reside in the home; little to no participation in community activities that form and strengthen neighborhood cohesion; a history of opening facilities in complete disregard of the Fountain Valley Municipal Code and with little regard for impacts to the neighborhood; disproportional impacts from the average dwelling unit to nearly all public services including sewer, water, parks, libraries, transportation infrastructure, fire and police; a history of congregating in the same general area; and the potential influx of individuals with a criminal record;
WHEREAS, a variable separation requirement will still allow for a reasonable market for the purchase and operation of sober living homes within the City and still result in preferential treatment for sober living homes in that individuals in a similar living situation (i.e., in boardinghouse-style residences) have fewer housing opportunities than persons with disabilities;
WHEREAS, housing inordinately large numbers of unrelated adults in a single dwelling or congregating sober living homes in close proximity to each other does not provide persons with disabilities with an opportunity to “live in normal residential surroundings,” but rather places them into living environments bearing more in common with the types of institutional/campus/dormitory living that the FEHA and FHAA were designed to provide relief from for persons with disabilities, and which no reasonable person could contend provides a life in a normal residential surrounding;

“Exhibit A”
WHEREAS, notwithstanding the above, the City Council recognizes that while not in character with residential neighborhoods, when operated responsibly, group homes, including sober living homes, provide a societal benefit by providing persons with disabilities the opportunity to live in residential neighborhoods, as well as providing recovery programs for individuals attempting to overcome their drug and alcohol addictions, and that therefore providing greater access to residential zones to group homes, including sober living homes, than to boardinghouses or any other type of group living provides a benefit to the City and its residents; WHEREAS, without some regulation there is no way of ensuring that the individuals entering into a group home are persons with disabilities and entitled to reasonable accommodation under local and state law; that a group home is operated professionally to minimize impacts to the surrounding neighborhood; and that the secondary impacts from over concentration of both group homes in a neighborhood and large numbers of unrelated adults residing in a single facility in an individual home are lessened;
WHEREAS, in addition to group homes locating in residential neighborhoods other state-licensed residential care facilities for six or fewer persons who are mentally disabled or otherwise disabled or supervised, are also taking up residence in these neighborhoods; WHEREAS, the purpose of group homes for persons with disabilities is to provide persons with disabilities an equal opportunity to comfortably reside in the residential neighborhood of their choice; and
WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment.

NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows:

Section 1:

Fountain Valley Municipal Code Chapter 4.35 “Group Homes” is hereby added to read as follows:

4.35.010 Definitions.

The following definitions shall apply to this Chapter. To the extent these definitions conflict with any other provision in the Municipal Code, these definitions shall control:
“Alcoholism or drug abuse recovery or treatment facility” means adult alcoholism or drug abuse recovery or treatment facilities that are licensed pursuant to Section

“Exhibit A”
11834.01 of the California Health & Safety Code. Alcoholism or drug abuse recovery or treatment facilities are a subset of residential care facilities. “Boardinghouse” means a dwelling unit, other than a hotel, wherein rooms are rented under two (2) or more separate written or oral rental agreements, leases or subleases or combination thereof, whether or not the owner, agent or rental manager resides within the dwelling unit. Boardinghouse, small means two (2) or fewer rooms being rented to a maximum of three (3) occupants per dwelling unit. Boardinghouse, large means three (3) to six (6) rooms being rented to a maximum of six (6) occupants per dwelling unit. Boardinghouses renting two (2) or fewer rooms and having more than three (3) occupants or renting more than six (6) rooms and/or having more than six (6) occupants, per dwelling unit are prohibited.
“Disabled” shall have the same meaning as handicapped.
“Fair housing laws” means the Federal Fair Housing Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act, as each statute may be amended from time to time, and each statute’s implementing regulations. “Group home” means a facility that is being used as a supportive living environment for persons who are considered disabled under state or federal law. A group home operated by a single operator or service provider (whether licensed or unlicensed) constitutes a single facility, whether the facility occupies one (1) or more dwelling units.

Group homes shall not include the following: (1) residential care facilities; (2) any group home that operates as a single housekeeping unit.
“Handicapped” means, as more specifically defined under the fair housing laws, a person who has a physical or mental impairment that limits one (1) or more major life activities, a person who is regarded as having that type of impairment, or a person who has a record of that type of impairment, not including current, illegal use of a controlled substance.
“Household” means all the people occupying a dwelling unit and includes people who live in different units governed by the same operator. “Integral facilities” means any combination of two (2) or more group homes which may or may not be located on the same or contiguous parcels of land, that are under the control and management of the same owner, operator, management company or licensee or any affiliate of any of them, and are integrated components of one operation shall be referred to as integral facilities and shall be considered one facility for purposes of applying federal, state and local laws to its operation. Examples of such integral facilities include, but are not limited to, the provision of housing in one facility and recovery programming, treatment, meals, or any other service or services to program participants in another facility or facilities or by assigning staff or a consultant or consultants to provide services to the same program participants in more than one licensed or unlicensed facility.

“Exhibit A”
“Integral uses” means any two or more residential care programs commonly administered by the same owner, operator, management company or licensee, or any affiliate of any of them, in a manner in which participants in two or more care programs participate simultaneously in any care or recovery activity, or activities so commonly administered. Any such integral use shall be considered one use for purposes of applying federal, state and local laws to its operation.
“Operator” means a company, business or individual who provides residential services, i.e., the placement of individuals in a residence, setting of house rules, and governing behavior of the residents as residents. Operator does not include a property owner or property manager that exclusively handles real estate contracting, property management and leasing of the property and that does not otherwise meet the definition of operator.
“Planning Department” means the Planning Department of the City of Fountain Valley.
“Property” means any single development lot that has been subdivided bearing its own assessor’s parcel number or with an approved subdivision map or condominium map.
‘Referral facility” means a residential care facility or a group home where one or more person’s residency in the facility is pursuant to a court order or directive from an agency in the criminal justice system.
“Residential care facility” means a residential facility licensed by the state where care, services, or treatment is provided to persons living in a supportive community residential setting. Residential care facilities include but may not be limited to the following: intermediate care facilities for the developmentally disabled (Health & Saf.

Code §§ 1267.8, 1267.9); community care facilities (Health & Saf. Code §§ 1500 et seq.); residential care facilities for the elderly (Health & Saf. Code §§ 1569 et seq.); residential care facilities for the chronically ill (22 C.C.R. § 87801(a)(5); Health & Saf. § 1568.02); alcoholism and drug abuse facilities (Health & Saf. Code §§ 11834.02-11834.30); pediatric day health and respite care facilities (Health & Saf. Code §§ 1760 et seq.); residential health care facilities, including congregate living health facilities (Health & Saf.

Code §§ 1265 – 1271.1, 1250(i), 1250(e), (h)); family care home, foster home, group home for the mentally disordered or otherwise handicapped persons or dependent and neglected children (Wel. & Inst. Code §§ 5115-5120).
“Single housekeeping unit” means that the occupants of a dwelling unit have established ties and familiarity with each other, jointly use common areas, interact with each other, share meals, household activities, and expenses and responsibilities; membership in the single housekeeping unit is fairly stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a nonprofit basis. There is a rebuttable presumption that integral facilities do not constitute single housekeeping units.

“Exhibit A”
Additional indicia that a household is not operating as a single housekeeping unit include but are not limited to: the occupants do not share a lease agreement or ownership of the property; members of the household have separate, private entrances from other members; members of the household have locks on their bedroom doors; members of the household have separate food storage facilities, such as separate refrigerators. “Sober living home” means a group home for persons who are recovering from a drug and/or alcohol addiction and who are considered disabled under state or federal law.

Sober living homes shall not include the following: (1) residential care facilities; (2) any sober living home that operates as a single housekeeping unit.

4.35.020 Zoning requirements.

In addition to the requirements of this article, all group homes subject to this article shall comply with the requirements set forth in Chapter 21.29 of Title 21 of this Code.

4.35.025 Operator’s permit required.

It is unlawful for any person to operate, or to permit any person to operate, a group home on any property located within the GH, R2, R3, and R4 zone, without a valid permit issued for that group home pursuant to the provisions of this article.

4.35.030 Exceptions.

The requirements of this article shall not apply to:
(a) A group home that has six (6) or fewer occupants, not counting a house manager, and that is in compliance with the applicable provisions of Chapter 21.29; or (b) A state licensed alcoholism or drug abuse recovery or treatment facility; or (c) A state licensed residential care facility.

4.35.035 Requirements for issuance of operator’s permit. (a) The owner/operator shall submit an application to the director of the Planning Department, or his or her designee that provides the following information:
(1) The name, address, phone number and driver’s license number of the owner/operator;
(2) If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:
i. Every general partner of the partnership;
ii. Every owner with a controlling interest in the corporation; and

“Exhibit A”
iii. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder. (3) The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;
(4) The name, address, phone number and driver’s license number of the house manager;
(5) A copy of the group home rules and regulations;
(6) Written intake procedures;
(7) The relapse policy;
(8) An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home;
(9) Blank copies of all forms that all residents and potential residents are required to complete; and
(10) A fee for the cost of processing of the application as set by resolution of the city council.
(b) Requirements for operation of group homes.
(1) The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four (24) hour basis and who are responsible for the day-to-day operation of the group home.
(2) All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred (500) feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home. (3) Occupants must not require, and operators must not provide, “care and supervision” as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations. (4) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility.

“Exhibit A”
(5) If the group home operator is not the property owner, written approval from the property owner to operate a group home at the property. (6) At least forty-eight (48) hours prior to eviction from or involuntary termination of residency in a group home, the operator thereof shall:
i. Notify the person designated as the occupant’s emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency OC Links Referral Line or other entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment; iii. Notify the Fountain Valley Police Department that an occupant is no longer a resident at the home, determine the services available therefrom; and iv. Provide the information obtained from paragraphs ii and iii of this subsection (b)(6) and any other treatment provider or service to the occupant prior to his or her release on a form provided by the city and obtain the occupant’s signed acknowledgement thereon;
v. Provided, however, that if the occupant’s behavior results in immediate termination of residency pursuant to rules approved by the city as part of the conditional use permit for that facility, the operator shall comply with paragraphs i though iv of this subsection (b)(6) as soon as possible.
(7) Prior to an occupant’s eviction from or involuntary termination of residency in a group home, the operator thereof shall also:
i. Make available to the occupant transportation to the address listed on the occupant’s driver license, state issued identification card, or the permanent address identified in the occupant’s application or referral to the group home; ii. Provided, however, that should the occupant decline transportation to his or her permanent address or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant.
(8) The group home operator shall maintain records for a period of one year following eviction from or involuntary termination of residency of an occupant that document compliance with subsections (a)(6) and (a)(7) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (a)(7) by providing remuneration to the occupant for the cost of transportation.

“Exhibit A”
(9) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing and stopping.
(10) The property must be in full compliance with all building codes, municipal code and zoning.
(11) In addition to the regulations outlined above, the following shall also apply to sober living homes:
i. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home’s rules and regulations, refusal to actively participate in such a program shall be cause for eviction. ii. The sober living home’s rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home or by any recovering addict either on or off site. The sober living home must also have a written policy regarding the possession, use and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home’s rules for residency and the violator cannot be re-admitted for at least ninety (90) days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved. iii. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003. iv. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. v. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor’s use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.

“Exhibit A”
vi. The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of Regulations:
detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.
(c) An applicant may seek relief from the strict application of this section by submitting an application to the director of the Planning Department setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Section 21.08.060 of Chapter 21.08 of Title 21 of this Code. (d) The operator’s permit shall be issued by the director of the Planning Department if the applicant is in compliance, or, where applicable, has agreed to comply, with the requirements of subsections (a) and (b) above. (e) In addition to denying an application for failing to comply, or failing to agree to comply, with subsections (a) and/or (b) of this section, an operator’s permit shall also be denied, and if already issued shall be revoked upon a hearing by the director of the Planning Department, under any of the following circumstances:
(1) Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information. (2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two years because of physical assault, sexual harassment, embezzlement or theft; falsifying a drug test; or selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven (7) to ten (10) years, to any of the following offenses:
i. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last ten (10) years); ii. Arson offenses—Violations of Penal Code Sections 451—455 (last seven (7) years); or
iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last seven (7) years).
(4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter.

“Exhibit A”
(5) The owner/operator accepts residents, other than a house manager, who are not disabled or handicapped as defined by the FHAA and FEHA. (6) An operator’s permit for a sober living home shall also be denied, and if already issued shall be revoked upon a hearing by the director of the Planning Department, under any of the following additional circumstances:
i. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.
ii. For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations.

4.35.040 Transfer of operator’s permit.
(a) An operator’s permit shall not be valid for a location other than the property for which it is issued, unless and until the transfer of the permit is approved by the Community Development Director pursuant to the requirements of section 4.35.035. (b) An operator’s permit may not be transferred to any other person or entity. No operator’s permit issued pursuant to this article shall be transferred or assigned or authorize any person or entity other than the person or entity named in the permit to operate the group home named therein.

4.35.045 Revocation of operator’s permit.

An operator’s permit may be revoked upon a hearing by the Community Development Director pursuant to section 4.35.035 for failing to comply with the terms of the permit and/or for failing to comply with the applicable provisions of section 4.35.035.

4.35.050. Reapplication after denial or revocation.
(a) An applicant for an operator’s permit whose application for such an operator’s permit has been denied may not reapply for such an operator’s permit for a period of six months from the date such notice of denial was issued.
(b) A holder of an operator’s permit that has been cancelled, revoked, or otherwise invalidated may not reapply for an operator’s or a user’s permit for a period of six months from the date that such revocation, cancellation, or invalidation became final.

4.35.055 Compliance.

A group home that is subject to the provisions of this Chapter that is in existence as of the effective date of this ordinance shall have one hundred twenty (120) days to comply with the provisions of this Chapter.

Section 2:

“Exhibit A”
Fountain Valley Municipal Code Chapter 21.29 Group Homes is hereby added to read as follows:

21.29.010 Purpose.

This chapter is intended to preserve the residential character of single-family residential neighborhoods and to further the purposes of the FEHA, the FHAA and the Lanterman Act by, among other things: (1) ensuring that group homes are actually entitled to the special accommodation and/or additional accommodation provided under the Fountain Valley Municipal Code and not simply skirting the city’s boarding house regulations; (2) limiting the secondary impacts of group homes by reducing noise and traffic, preserving safety and providing adequate on street parking; (3) providing an accommodation for persons with disabilities that is reasonable and actually bears some resemblance to the opportunities afforded non-handicapped individuals to use and enjoy a dwelling unit in a single-family neighborhood; and (4) to provide comfortable living environments that will enhance the opportunity for persons with disabilities and for recovering addicts to be successful in their programs.

21.29.020 Definitions
The definitions in Chapter 4.35 shall apply to this Chapter. To the extent those definitions conflict with any other provision in the Municipal Code, the definitions in Chapter 4.35 shall control for purposes of this Chapter.

21.29.030 Special use permit required for R1 zone.
(a) A group home that may otherwise be considered an unpermitted use may locate in an R1 zone with a special use permit provided:
(1) An application for a group home is submitted to the Community Development Director, or his or her designee, by the owner/operator of the group home. The application shall provide the following:
i. The name, address, phone number and driver’s license number of the owner/operator;
ii. If the applicant and/or operator is a partnership, corporation, firm or association, then the applicant/operator shall provide the additional names and addresses as follows and such persons shall also sign the application:
a. Every general partner of the partnership,
b. Every owner with a controlling interest in the corporation, c. The person designated by the officers of a corporation as set forth in a resolution of the corporation that is to be designated as the permit holder; iii. The license and permit history of the applicant(s), including whether such applicant(s), in previously operating a similar use in this or another city, county or state

“Exhibit A”
under license and/or permit, has had such license and/or permit revoked or suspended, and the reason therefor;
iv. The name, address, phone number and driver’s license number of the house manager;
v. A copy of the group home rules and regulations;
vi. Written intake procedures;
vii. The relapse policy;
viii. An affirmation by the owner/operator that only residents (other than the house manager) who are disabled as defined by state and federal law shall reside at the group home;
ix. Blank copies of all forms that all residents and potential residents are required to complete; and
x. A fee for the cost of processing of the application as set by resolution of the city council.
(b) No person shall open a group home or begin employment with a group home until this information has been provided and such persons shall be responsible for updating any of this information to keep it current.
(2) The group home has six (6) or fewer occupants, not counting a house manager, but in no event shall have more than seven (7) occupants. If the dwelling unit has an accessory dwelling unit (ADU), occupants of both units will be combined to determine whether or not the limit of six (6) occupants has been exceeded. (3) The group home shall not be located in an ADU unless the primary dwelling unit is used for the same purpose.
(4) The group home has a house manager who resides at the group home or any multiple of persons acting as a house manager who are present at the group home on a twenty-four hour basis and who are responsible for the day-to-day operation of the group home.
(5) All garage and driveway spaces associated with the dwelling unit shall, at all times, be available for the parking of vehicles. Residents and the house manager may each only store or park a single vehicle at the dwelling unit or on any street within five hundred feet of the dwelling unit. The vehicle must be operable and currently used as a primary form of transportation for a resident of the group home.

“Exhibit A”
(6) Occupants must not require, and operators must not provide, “care and supervision” as those terms are defined by Health and Safety Code section 1503.5 and section 80001(c)(3) of Title 22, California Code of Regulations. (7) Integral group home facilities are not permitted. Applicants shall declare, under penalty of perjury, that the group home does not operate as an integral use/facility. (8) If the group home operator is not the property owner, the application must include written approval from the property owner to operate a group home at the property. (9) The property must be in full compliance with all building codes, municipal codes, and zoning.
(10) At least forty-eight hours prior to an occupant’s eviction from or involuntary termination of residency in a group home, the operator thereof shall:
i. Notify the person designated as the occupant’s emergency contact or contact of record that the occupant will no longer be a resident at the home; ii. Contact the Orange County Health Care Agency OC Links Referral Line and/or another entity designated by the City to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment;
iii. Notify the Fountain Valley Police Department that an occupant is no longer a resident at the home, and determine the services available therefrom; iv. Provide the information obtained from paragraphs ii and iii of this subsection (a)(10) and any other treatment provider or service to the occupant prior to his or her release on a form provided by the City and obtain the occupant’s signed acknowledgement thereon;
v. Provided, however, that if the occupant’s behavior results in immediate termination of residency pursuant to rules approved by the City of Fountain Valley as part of the special use permit for that facility, the operator shall comply with paragraphs i through iv of this subsection (a)(10) as soon as possible. (11) Prior to an occupant’s eviction from or involuntary termination of residency in a group home, the operator thereof shall also:
i. Make available to the occupant transportation to the address listed on the occupant’s driver license, state-issued identification card, or the permanent address identified in the occupant’s application or referral to the group home; ii. Provided, however, that should the occupant decline transportation to his or her permanent address, or otherwise has no permanent address, then the operator shall

“Exhibit A”
make available to the occupant transportation to another group home or residential care facility that has agreed to accept the occupant.
(12) The group home operator shall maintain records for a period of one year following eviction from, or involuntary termination of, residency of an occupant that document compliance with subsections (a)(10) and (a)(11) of this section; provided, however, that nothing herein shall require an operator of a group home to violate any provision of state or federal law regarding confidentiality of health care information. The group home operator may not satisfy the obligations set forth in subsection (a)(11) of this section by providing remuneration to the occupant for the cost of transportation. (13) All drivers of vehicles picking up or dropping off persons at a group home shall comply with all applicable provisions of this Code and the Vehicle Code, including, but not limited to, those provisions regulating licensure and parking, standing, and stopping.
(14) In addition to the regulations outlined above, the following shall also apply to sober living homes:
i. The sober living home is not located within six hundred fifty (650) feet, as measured from the closest property lines, of any other sober living home or a state licensed alcoholism or drug abuse recovery or treatment facility. ii. All occupants, other than the house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous and the sober living home must maintain current records of meeting attendance. Under the sober living home’s rules and regulations, refusal to actively participate in such a program shall be cause for eviction. iii. The sober living home’s rules and regulations must prohibit the use of any alcohol or any non-prescription drugs at the sober living home, or by any recovering addict, either on or off site. The sober living home must also have a written policy regarding the possession, use, and storage of prescription medications. The facility cannot dispense medications but must make them available to the residents. The possession or use of prescription medications is prohibited except for the person to whom they are prescribed, and in the amounts/dosages prescribed. These rules and regulations shall be posted on site in a common area inside the dwelling unit. Any violation of this rule must be cause for eviction under the sober living home’s rules for residency and the violator cannot be re-admitted for at least ninety days. Any second violation of this rule shall result in permanent eviction. Alternatively, the sober living home must have provisions in place to remove the violator from contact with the other residents until the violation is resolved.
iv. The number of occupants subject to the sex offender registration requirements of Penal Code section 290 does not exceed the limit set forth in Penal Code

“Exhibit A”
section 3003.5 and does not violate the distance provisions set forth in Penal Code section 3003.
v. The sober living home shall have a written visitation policy that shall preclude any visitors who are under the influence of any drug or alcohol. vi. The sober living home shall have a good neighbor policy that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane, or obnoxious behavior that would unduly interfere with a neighbor’s use and enjoyment of their dwelling unit. The good neighbor policy shall establish a written protocol for the house manager/operator to follow when a neighbor complaint is received.
vii. The sober living home shall not provide any of the following services as they are defined by section 10501(a)(6) of Title 9, California Code of Regulations:
detoxification; educational counseling; individual or group counseling sessions; and treatment or recovery planning.
(15) An applicant may seek relief from the strict application of this section by submitting an application to the Community Development Director setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to Section 21.08.060 of Chapter 21.08 of Title 21 of this Code. (b) The special use permit shall be issued by the Community Development Director as a ministerial matter if the applicant is in compliance, or has agreed to comply, with subsections (a)(1) through (a)(14) of this section. At least ten (10) days prior to issuing a special use permit, the Community Development Director, or his or her designee, shall cause written notice to be mailed to the owner of record and occupants of all properties within five hundred feet of the location of the group home. Prior to issuance of the special use permit, the Community Development Director, or his or her designee, shall hold a public hearing for the purpose of receiving information regarding compliance with the applicable provisions of subsections (a) and (b) of this section. The issuance of the special use permit shall be denied upon a determination, and if already issued shall be denied or revoked upon a hearing, by the Community Development Director that any of the following circumstances exist:
(1) Any owner/operator or staff person has provided materially false or misleading information on the application or omitted any pertinent information; (2) Any owner/operator or staff person has an employment history in which he or she was terminated during the past two (2) years because of physical assault, sexual harassment, embezzlement or theft; failing a drug test; falsifying a drug test; and selling or furnishing illegal drugs or alcohol.
(3) Any owner/operator or staff person has been convicted of or pleaded nolo contendere, within the last seven (7) to ten (10) years, to any of the following offenses:

“Exhibit A”
i. Any sex offense for which the person is required to register as a sex offender under California Penal Code section 290 (last ten (10) years); ii. Arson offenses—Violations of Penal Code Sections 451—455 (last seven (7) years); or
iii. Violent felonies, as defined in Penal Code section 667.5, which involve doing bodily harm to another person (last ten (10) years).
iv. The unlawful sale or furnishing of any controlled substances (last seven (7) years).
(4) Any owner/operator or staff person is on parole or formal probation supervision on the date of the submittal of the application or at any time thereafter. (5) The owner/operator accepts residents, other than a house manager, who are not disabled as defined by the FHAA and FEHA.
(6) A special use permit for a sober living home shall also be denied upon a determination, and if already issued, shall be revoked, and any transfer shall be denied or revoked, upon a hearing by the Community Development Director, or his or her designee, that any of the following circumstances exist:
i. Any owner/operator or staff person of a sober living home is a recovering drug or alcohol abuser and upon the date of application or employment has had less than one full year of sobriety.
ii. The owner/operator of a sober living home fails to immediately take measures to remove any resident who uses alcohol or illegally uses prescription or non-prescription drugs, or who is not actively participating in a legitimate recovery program from contact with all other sober residents.
iii. The sober living home, as measured by the closest property lines, is located within six hundred fifty feet of any other sober living home or state licensed alcoholism or drug abuse recovery or treatment facility. If a state-licensed alcoholism or drug abuse recovery or treatment facility moves within six hundred fifty feet of an existing sober living home this shall not cause the revocation of the sober living home’s permit or be grounds for denying a transfer of such permit.
(7) For any other significant and/or repeated violations of this section and/or any other applicable laws and/or regulations, including, but not limited to, failure to comply with the provisions of subsections (a)(10) through (13).

“Exhibit A”
(8) Revocation shall not apply to any group home, which otherwise would cause it to be in violation of this section, that has obtained a reasonable accommodation pursuant to Section 21.08.060.

21.29.035 Compliance for group homes in R1 Zone.
(a) Existing group homes in the R1 zone must apply for a special use permit within ninety (90) days of the effective date of this chapter. (b) Group homes that are in existence upon the effective date of this chapter shall have one (1) year from the effective date of this chapter to comply with its provisions, provided that, any existing group home serving more than six (6) residents, must first comply with the six-resident maximum.
(c) Existing group homes obligated by a written lease exceeding one (1) year from the effective date of this chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one (1) additional years grace period pursuant to approval of the Community Development Director or his or her designee.

21.29.040 Group homes in the GH, R2, R3 and R4 residential zones with six (6) or fewer occupants.
(a) A special use permit shall be required for the operation of a group home, including a sober living home, with six (6) or fewer occupants in the GH, R2, R3 and R4 zones subject to the following requirements:
(1) The application for, and operation of, the group home complies with subsections (a)(1), (a)(2) and (a)(4) through (a)(14) of section 21.29.030. (2) The application includes a live scan of the house manager and/or operator of the group home.
(3) The group home or sober living home is at least six hundred fifty (650) feet from any other property, as defined in section 4.35.010, that contains a group home, sober living home or state-licensed drug and alcohol treatment facility, as measured from the property line.
(b) The Community Development Director may issue, revoke, or deny a special use permit for a group home, including a sober living home subject to this chapter, pursuant to the procedures and requirements of section 21.29.030. (c) An applicant may seek relief from the strict application of this section by submitting an application to the Planning Commission setting forth specific reasons as to why accommodation over and above this section is necessary under state and federal laws, pursuant to section 21.08.060.

“Exhibit A”

21.29.050. Conditional use permit required for group homes, residential care facilities and drug and alcohol treatment facilities in the GH, R2, R3, and R4 zones with seven (7) or more occupants.

A conditional use permit shall be required for the operation of a group home, statelicensed residential care facility or state-licensed drug and alcohol treatment facility with seven (7) or more occupants in the GH, R2, R3, and R4 zones subject to the following conditions:
(a) The requirements of Chapter 21.36, Conditional Use Permits, of this title have been met, including but not limited to the findings required by section 21.36.050. (b) The group home, residential care facility or state-licensed drug and alcohol treatment facility is at least six-hundred fifty feet from any property, as defined in section 13-321, that contains a group home, sober living home or state-licensed drug and alcohol treatment facility, as measured from the property line, unless the reviewing authority determines that such location will not result in an over-concentration of similar uses. (c) The applicant obtains an operator’s permit as required by 4.35.025 except that this requirement shall not apply to any state-licensed residential care facility or state licensed drug and alcohol treatment facility.

21.29.060 Compliance
(a) Group homes in the GH, R2, R3, and R4 zones with six (6) or fewer occupants that are in existence upon the effective date of this section may continue to operate subject to the following:
(1) A complete application for a special use permit is filed within 90 days of the effective date of this chapter; and
(2) The group home is in full compliance with all of the conditions of this chapter within one (1) year of its effective date. Notwithstanding the foregoing, existing group homes obligated by a written lease exceeding one (1) year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year grace period pursuant to approval from the Community Development Director or his or her designee.
(b) Group homes, state licensed residential care facilities and state licensed drug and alcohol treatment facilities in the GH, R2, R3, and R4 with seven (7) or more occupants that are in existence upon the effective date of this chapter may continue to operate subject to the following:

“Exhibit A”
(1) The operator of a group home obtains an operator’s permit pursuant to Chapter 4.35 within one hundred twenty days from the effective date of this chapter; and (2) The group home, state licensed residential care facility and/or state licensed drug and alcohol treatment facility is in full compliance with all conditions of this chapter, including obtaining a conditional use permit, within one (1) year from the effective date of this chapter. Notwithstanding the foregoing, an existing group home, state licensed residential care facility and/or state licensed drug and alcohol treatment facility obligated by a written lease exceeding one (1) year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year grace period pursuant to approval from the Community Development Director or his or her designee.

Section 3:

Fountain Valley Municipal Code Section 21.08.030 Residential zoning district land uses and permit requirements is hereby amended to read as follows:

Table 2-2 identifies the uses of land allowed by this title in each residential zoning district, and the land use permit required to establish each use, in compliance with Section 21.06.030 (Allowable land uses and permit requirements) of this title.

Note: where the last column in the tables (“Specific Use Regulations”) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this title may also apply.

TABLE 2-2

PERMIT REQUIRED BY DISTRICT
P Permitted Use
Allowed Uses and Permit Requirements CUP
SUP
Conditional Use Permit
Required
Special Use Permit
Required
for Residential Zoning Districts — Use Not Allowed
LAND USE (1) R1 GH R2 R3 R4
Specific
Use
Regulations

RECREATION, EDUCATION, PUBLIC ASSEMBLY USES
Private residential
recreational facilities

CUP CUP CUP CUP CUP
Assembly uses CUP CUP CUP CUP CUP
Schools - private CUP CUP CUP CUP CUP

RESIDENTIAL USES
Accessory dwelling units P P P P P 21.08.055
Affordable housing P P P P P

“Exhibit A”
P Permitted Use
Allowed Uses and Permit Requirements CUP
SUP
Conditional Use Permit
Required
Special Use Permit
Required
for Residential Zoning Districts — Use Not Allowed
LAND USE (1) R1 GH R2 R3 R4
Specific
Use
Regulations
Cottage food operations P P P P P 21.42.065
Duplexes — P P P P
Home businesses P P P P P
Mobile home parks — — — CUP CUP
Multi-family dwellings — — CUP CUP CUP
Group Home (3) 6 or less
residents
SUP SUP SUP SUP SUP 21.29.030 &

21.29.040
Group Home 7 (3)(4) or more — CUP CUP CUP CUP
Residential accessory uses
and structures

P P P P P
Residential care home -
large

CUP CUP CUP CUP CUP
Residential care home -
small

P P P P P
Single-family dwellings P CUP P — —
Supportive housing P P P P P
Transitional housing P P P P P

SERVICES
Adult day care - large (2) (2) (2) (2) (2) 21.30.020
Adult day care - small P P P P P 21.30.020
Day care - large family day
care homes
P (2) P (2) P (2) P (2) P (2) 21.30.020
Day care - small family day
care homes
P P P P P 21.30.020
Child day care centers CUP CUP CUP CUP CUP 21.30.020
Wireless
telecommunications
facilities (2)
Administrative
wireless
facilities
permit (2)
— — — — 21.28
Notes:
(1) See Chapter 21.90 for land use definitions. See Section 21.02.020 regarding uses not listed.
(2) Wireless telecommunication facilities are only allowed on church properties in the R1 zone subject to the requirements of Chapter 21.28. Wireless telecommunications

“Exhibit A”
facilities may also be permitted by a conditional use when the planning/building director determines that the project’s complexity or the public interest warrants the referral. (3) Definition of group home in 4.35.010.
(4) Per Chapter 4.35 “Group Homes” an Operator’s Permit is also required Section 3:

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.

Section 4:

The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting this ____ day of , 2023.

ATTEST:
_______________________ _______________________
Rick Miller, City Clerk Patrick Harper, Mayor
Approved as to Form:

HARPER & BURNS LLP
_______________________
Alexandra Halfman
Attorneys for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 7, 2023
Members of the City Council
SUBJECT: Mid-Year Budget Review for Fiscal Year 2022-23; Adopt a Resolution to effect certain changes to the City’s Master Salary Schedule in conformance with Title 2 of the California Code of Regulations section 570.5 and the California Public Employees’ Retirement System;
Adopt a Resolution amending Conditions of Employment of Administrative Officers of the City
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses and opportunities ☒ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☒ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

The City of Fountain Valley Finance Department conducts a Mid-Year Budget Review of all estimated revenues and expenditures annually at the end of the first six (6) months of the fiscal year. This report provides the City Council with updated financial activity information through the end of December 2022. Based on information available at the end of the second quarter, positive revenue adjustments are expected along with modest expenditure adjustments needed for departmental operations.

Staff is also requesting that City Council adopt a Resolution to effect certain changes to the City’s Master Salary Schedule for all represented and unrepresented employee classifications of the City of Fountain Valley, covered by the City’s Classification and Compensation Plan, to conform with Title 2 of the California Code of Regulations Section 570.5, listing all employee pay rates on a publicly available master salary schedule approved and adopted by City Council and superseding all provisions contained in Resolution No. 9854, and all subsequent salary schedule resolutions, which pertain to the Classification and Compensation of city employees.

Additionally, staff is requesting that City Council adopt a Resolution amending the Administrative Officers Resolution to remove the five (5%) percent assignment pay to the Community Development Director and create a classification in the Administrative Officers’ Unit titled Community Development Director/Deputy City Manager.

Mid-Year Budget Review
March 7, 2023

DISCUSSION:

Fiscal Year 2022/23 General Fund Operating Budget Overview The current fiscal year’s budget was developed in spring 2022 with optimism that the financial impacts of COVID-19 were behind us. Most revenues were conservatively projected to rebound to pre-Covid levels. Now, halfway through the fiscal year, staff has identified a number of General Fund revenues that are exceeding projected collections.

General Fund Revenues
As outlined in the table below, the mid-year forecast for General Fund operating revenues for Fiscal Year 2022/23 is approximately $74.4 million, which is approximately $3.1 million higher than the revised budget amount of $71.3 million.

Operating Revenue
General Revenue:

Property Tax 22,983,888 22,983,888 -
Sales & Use Tax 15,107,000 16,200,000 1,093,000
Public Safety Sales Tax 455,000 455,000 -
Measure HH Transaction Tax 16,153,000 17,100,000 947,000 Franchise Fees 2,080,192 2,080,192 -
Transient Occupancy Tax 1,400,000 1,475,000 75,000
Use of Money & Property 1,773,778 2,008,778 235,000
Other Revenue 812,440 896,940 84,500
Transfers & Contributions 2,516,110 2,516,110 -
Community Development 1,820,705 2,050,705 230,000
Business Licenses & Permits 456,000 456,000 -
Engineering & Public Works Revenue 624,540 917,040 292,500 Fire Revenue 3,684,956 3,755,956 71,000
Police Revenue 540,750 540,750 -
Community Services Revenue 903,536 992,100 88,564
Total Operating Revenue $71,311,895 $ 74,428,459 $ 3,116,564 Non-Operating Revenue
Miscellaneous Reimbursements/Grant 2,070,409 2,070,409 - Total Non-Operating Revenue $ 2,070,409 $ 2,070,409 $ - Total General Fund Revenue $73,382,304 $ 76,498,868 $ 3,116,564 Revised
Budget
Mid-Year
Budget
Budget
Adjustments

Mid-Year Budget Review
March 7, 2023

Material variances from the original budget are as follows:
 Sales & Use Tax (including Measure HH Transaction Tax) continues to exceed originally projected receipts. Based on revenues received year-to-date and projections by the City’s sales tax consultant, HDL Companies, Sales Tax is estimated to exceed the budget by $1.1 million with an additional $947,000 projected for Measure HH, for an overall increase of $2 million in this revenue category. Key components of this increase is continued consumer confidence, higher fuel prices, and a strong online sales allocated from the State and County pools.
 Transient Occupancy Tax (TOT) revenues continue to increase from the pandemic lows.

Based on receipts from the first two quarters of the current fiscal year, the City is estimating an increase in the TOT budget of $75,000, for a year-end projected revenue of $1,475,000.  Use of Money and Property category includes interest revenue from the City’s investment program. The adopted budget included $465,000 for interest revenue that is received on its investments held with the Local Agency Investment Fund (LAIF) and Chandler Asset Management. Due to an improved interest rate environment, Staff is recommending interest revenue be increased by $235,000 to $700,000.
 Other Revenue includes an increase of $84,500 to the Miscellaneous Other Revenue to account for the receipt of the first year of Opioid Settlement funds and revenue from a temporary construction easement on a city water tank property.  Public Works Revenue has consistently trended higher than both the revised budget and previous fiscal years as development activity has accelerated throughout the postpandemic recovery. This trend mirrors the experience of the building and construction industry and the growth the city has seen in our sales tax receipts from those business types over the last three years. This category is estimated to come in $292,500 over the current year original budget and includes increases in plan checks, permits, and fee related revenue from the Frontier fiber optic project.
 Community Development Revenue is expected to exceed budgeted revenues by $230,000. The majority of the increase in projected revenue is from building permit and plan check fees. These projected increases are based on actual permit and plan check activity through the first six months of the fiscal year.  Fire Department Revenue is projected to be approximately $71,000 higher than what was originally budgeted, primarily due to an increase in fire plan check activity through the first six months of the fiscal year.
 Community Services Revenue is expected to exceed budgeted revenues by $88,564.

The increase in projected revenue relates to increased community participation in Facility Rentals, including ball field and community center room rentals.

Mid-Year Budget Review
March 7, 2023

General Fund Expenditures
As outlined in the table on the next page, the mid-year forecast for General Fund operating expenditures for Fiscal Year 2022-23 is approximately $66.26 million, with total General Fund expenditures projected at $81.6 million, $881,390 above the current revised budget.

Operating Expenditures
Revised
Budget
Mid-Year
Budget
Budget
Adjustments
Administration $ 1,271,861 $ 1,308,861 $ 37,000
Human Resources 1,451,656 1,476,656 25,000
Community Development 2,209,275 2,271,275 62,000
Finance 2,165,529 2,165,529 -
Public Works 9,482,142 9,855,542 373,400
Fire 14,360,331 14,679,321 318,990
Police 19,543,200 19,543,200 -
Recreation & Community Services 3,408,596 3,433,596 25,000 Debt Service 1,497,828 1,497,828 -
Transfers 10,870,770 10,870,770 -
Total Operating Expenditures $ 66,261,187 $ 67,102,577 $ 841,390 Non-Operating Expenditures
Capital Project Expenditures 12,352,299 12,392,299 40,000 Additional Pension Paydown 3,000,000 3,000,000 -
Total Non-Operating Expenditures $ 15,352,299 $ 15,392,299 $ 40,000 Total General Fund Expenditures $ 81,613,486 $ 82,494,876 $ 881,390 General Fund Expenditures
Fiscal Year 2022-23 Mid-Year Budget Adjustments
Material variances from the revised expenditure budget are as follows:
 Administration
o The City Manager’s Department is requesting an additional $35,000 to implement a unified messaging platform for the City to help brand public facing information and reinforce “one voice” from the City. This is in support of the City’s strategic objective to Enhance the Culture and Environment of “A Nice Place to Live”. The department is also requesting an additional $2,000 for City Council business meeting costs.  Human Resources
o As part of the City’s strategic plan to attract and retain quality staff, the City has identified a goal to increase engagement of staff for teambuilding, equity, inclusion, retention, and morale. The department requests an increase of $25,000 for

Mid-Year Budget Review
March 7, 2023

initiatives to increase staff engagement approved by City Council as part of the City’s strategic objective to Attract and Retain Quality Staff.  Community Development Department
o The Community Development Department is requesting a total of $62,000 increase to the budget. The Planning division is requesting $50,000 for additional Soils professional services. The remaining $12,000 is being requested for additional advertising (public notices), supplies, and meetings expenses.  Public Works
o The Engineering Department has realized a heavy workload in the current fiscal year. The City currently contracts for as-needed Engineering and Inspection professional services. An additional request of $150,000 is needed to fund the remaining amount of the contract for continued support as development activity remains high. These increases are partially offset by additional revenue received from the development activity and added to the mid-year budget. o The Engineering Department contracts with Annealta Group for project management for the Frontier Fiber Optic project. Staff is requesting an additional $80,000 appropriation for the project management costs. These costs are 100% reimbursable from Frontier and is reflecting in the increase to engineering fee revenue.
o The Public Works department is requesting an additional $63,400 for additional Utility costs, primarily for traffic signal electricity and increased natural gas rates. o The Public Works department is requesting additional appropriation of $80,000 for Street Light maintenance. The increased expenditures are for a number of new street lights as well as costs to replace damaged street lights.  Fire Department
o The City Council approved a restructuring of the Fire Department’s Ambulance Program in September of 2020. The department is requesting an additional $30,000 to adequately fund 1st Aid/Paramedic supplies due to increase call load, COVID personal protection equipment requirements, and inflated costs of medical supplies. o The Fire Department contracts for ambulance services with Care Ambulance. The City currently purchase services to maintain one 24-hour and one 10-hour ambulance. Due to the unpredictable nature of 911 emergency calls, we also utilize surge ambulance coverage when our frontline units are unavailable. Surge units vary based upon the amount of times used, the duration of the call, and their ability to transfer care at the hospital. As a result of COVID, flu, and a lack of hospital staffing and available beds, average time to transfer care to hospitals has increased significantly. The current surge usage is averaging $33,000 per month through the first half of FY 22/23. At this current rate we will need a total of approximately $400,000 for FY 22/23. To meet the projected increase in surge ambulance usage

Mid-Year Budget Review
March 7, 2023

the fire department is requesting an additional $200,000 for surge ambulance service.
o The fire department’s fire prevention services utilize contract services for fire code related plan checks. With changes in local building code and an increase in plan submittal for multiple projects, staff anticipates a significant increase in plan checking needs. To meet anticipated needs, staff requests an additional $20,000 for Plan Check Services.
o The fire department purchases both uniforms and hardware (Badge, Collar Brass) for fire department personnel. With multiple new employees coming aboard and inflated costs for both uniforms and hardware, the department is requesting an additional $8,990.
o Fire Department Exposure Pay and Physical Fitness Pay increased in 2022 with the newly approved MOU side letter. These pays increased from a set amount to a percentage based formula. The additional costs of the increased formula was not included in the original operating budget. Staff is requesting an additional appropriations of $40,000 for Exposure Pay and $20,000 for Physical Fitness Pay to account for the increased costs.
 Recreation & Community Services
o The Recreation Department is requesting and additional $25,000 for recreation class instructor contract services. During the last year the City has seen an increase in recreation class participation and user activity. These costs are offset by additional recreation class revenue.

Internal Service Funds
Operating Expenditures
Revised
Budget
Mid-Year
Budget
Budget
Adjustments
Information Technology $ 3,717,910 $ 4,137,910 $ 420,000 Government Buildings 3,955,003 4,080,003 125,000
Fleet Management 4,979,328 4,979,328 -
Equipment Management 482,794 512,794 30,000
City Self Insurance 4,090,533 4,090,533 -
Employee Benefits 21,797,278 21,797,278 -
Total Operating Expenditures $ 39,022,846 $ 39,597,846 $ 575,000 General Fund - Internal Service Fund Expenditures
Fiscal Year 2022-23 Mid-Year Budget Adjustments
 Information Technology
o The Information Technology Department is requesting and additional $405,000 for new software and hardware resources to improve efficiency, productivity, and the overall enhanced cyber security measures. These requests include new cyber

Mid-Year Budget Review
March 7, 2023

security management software, Microsoft 365 software suite, Neogov human resources management software, a new network firewall, and backup network switches.
 Government Buildings
o Staff is requesting additional appropriations of $120,000 in the Government Buildings internal service fund due to increased utility costs experienced across all City facilities. In addition, staff is requesting $5,000 to re-lamp the fleet bays at the City Yard facility.
 Fleet Management
o City Staff is requesting an additional $100,000 be appropriated to the Fleet Management fund. Staff is proposing to purchase two new fleet vehicles at a total cost of $80,000 to replace the pool vehicles that were reassigned to the Community Development department for building inspectors. An additional $20,000 is being requested to supplement the budget for two vehicles that are being quoted more than originally estimated. Funding for the additional $100,000 in fleet vehicle purchases is coming from the Air Quality Management District fund (AQMD).  Equipment Management
o Staff is requesting additional appropriations of $30,000 in the Equipment Management fund. The Police Department is requesting $26,000 to purchase a trained law enforcement canine and additional costs for equipment related to the city’s citation processing system. The Fire Department is requesting $4,000 to purchase new Rapid Intervention Crew (RIC) air bottles. The current RIC air bottles are due to expire in June and need to be replaced.

Other Funds
 Air Quality Management District (AQMD)
o Staff is requesting an additional appropriation of $100,000 to the Transfers Out account to fund the additional fleet vehicles being requested.  Water and Sewer Funds
o Staff is requesting an additional $186,000 in the Water and Sewer Funds. Staff estimates the City will need and additional $71,000 for utility costs, $55,000 for increased laboratory testing costs, and $60,000 to replace a variable frequency drive at well #9.

Staffing Modifications
 Information Technology
o The IT Department has been in transition this fiscal year with the hiring of a new department head and an increase in the workload and responsibilities of the department. To best structure the department for success and increase efficiencies, staff is recommending adding two positions and eliminating a currently vacant position.

Mid-Year Budget Review
March 7, 2023

o Information Technology Director
This position is being requested to better reflect the position of department head within the IT Department. The IT Director duties include organizing and overseeing day-to-day activities and is responsible for the City’s cyber security and providing advanced professional-level support to the City Manager in a variety of technology based areas. Successful performance of the work requires an extensive professional background as well as skill in coordinating departmental work. This class has overall responsibility for all leadership and operation of the Department and for application, development, and implementation of policy and procedures. The IT Director position would be classified as non-represented Administrative Officers and be a part of the Department Directors salary schedule. The current net annual cost of the Information Technology Director position would be $230,107. o Senior Information Technology Analyst
This position is being requested to enhance the quality of development and administration of the City’s network, IT support, preventative maintenance, and hardware and software configuration. Many of the responsibilities of this position are currently provided by professional service contracts that could potentially be eliminated by bringing those tasks in-house. The position would also provide redundancy of assistance and help eliminate costly project delays due to an increasing workload. The Sr. IT Analyst position would be classified as an Independently Represented Professional and Technical employee. The current net annual cost of the Sr. IT Analyst position would be $156,323. o Information Technology Technician
Staff is proposing to eliminate an existing vacant IT Technician position. The net annual cost savings of this elimination would be $117,860.

The total cost of the department reorganization from the addition of two positions and elimination of one position would be a current net annual amount of $268,570.

The changes would require an additional appropriation in the current year budget of $15,000.

Mid-Year Budget Amendments
To align the revised budget with current projections, the mid-year budget amendments as recommended are attached as Attachment 1. The table below shows a log of changes to the Adopted FY 2022-23 Annual General Fund Budget.

Mid-Year Budget Review
March 7, 2023

Date Description Revenues Expenditures Transfers
6/21/2022 Adopted Budget 72,689,143 (68,377,720) (11,325,417) (7,013,994) 7/19/2022 Crossing Guard Svcs (19,606) (7,033,600)
7/26/2022 Reduce Waste Disposal Agreement Projection (3,521) (7,037,121) 8/23/2022 City Manager Department Reorganization 27,000 (20,709) (7,030,830) 12/20/2022 Opioid Settlement - Navagation Center/Education 30,500 (30,500) (7,030,830) 12/20/2022 Fiber Optic Repair Services (43,733) (7,074,563) TOTAL CURRENTLY REVISED BUDGET $ 72,743,122 $ (68,492,268) $ (11,325,417) $ (7,074,563) 3/7/2023 Mid-Year Budget Adjustments 3,116,564 (881,390) - (4,839,389) TOTAL MID YEAR BUDGET $ 75,859,686 $ (69,373,658) $ (11,325,417) $ (4,839,389) General Fund Budget
as of March 7th, 2023
Net Surplus
(Deficit)
Fiscal Year 2023-24 Budget
The City is currently in the beginning stages of developing its FY 2023-24 budget and updating the City’s 20-Year Financial Plan. This budget will look to continue making additional payments to CalPERS to address the city’s unfunded liability, and continue investing in capital projects such as the Fire Station 1 remodel/reconstruction and City Hall remodel. Staff will return to Council in May to present the draft FY 2023-24 Annual Budget and 20-Year Financial Plan, with the Proposed FY2023-24 Budget being presented for adoption on June 6, 2023.

Salary Schedule Modifications
The City Council of the City of Fountain Valley establishes a basic compensation plan for City employees in all of the classifications of employment.

Adoption of this Resolution (Attachment 2) will supersede all provisions contained in Resolution No. 9854, with the following changes to the City’s Master Salary Schedule:

1. Salary adjustments for eligible classifications to reflect the previously Council approved compensation study adjustments for full-time classifications effective the pay period including January 1, 2023.

2. Hourly rate adjustments for eligible part-time classifications to reflect the federal and state minimum wage increase effective the pay period including January 1, 2023.

3. Hourly rate adjustments to the part-time classifications that have a full-time equivalent effective the pay period including January 1, 2023.

4. Deletion of the part-time classifications of Lifeguard (T10) and Swim Instructor/Lifeguard (T09).

5. Hourly rate adjustments to the part-time classifications of Police Recruit, Firefighter Recruit and Paramedic Recruit per Resolution No. 9623, effective in the pay period including January 1, 2023.

Mid-Year Budget Review
March 7, 2023

6. Title Change for the classification of the Un-Represented Professional & Technical Budget Manager to Un-Represented Professional & Technical Finance Manager (P58) to align with industry standard and job responsibilities for this classification, no increase to salary steps.

7. Create a new Information Technology Director classification in the Administrative Officers Unit to oversee the Information Technology Department.

8. Create a new Senior Information Technology Analyst classification in the Non-Represented Professional & Technical Unit.

9. Title Change for the classification of Planning and Building Director to Community Development Director (D04) in the Administrative Officers’ Unit.

10. Create a new Community Development Director/Deputy City Manager classification in the Administrative Officers’ Unit, to reflect the current job responsibilities of the Community Development Director.

Adoption of this Resolution (Attachment 2) will comply with CalPERS’ interpretation of the requirements of Title 2 of the California Code of Regulations section 570.5 by affirming the City’s Master Salary Schedule already on the City’s website and publically available and representing all previously approved actions on individual employee classifications set forth as part of the salary schedule. There is no fiscal impact to approving this resolution. All changes contained within the Salary Schedule have been previously approved and included in the current budget.

Admin Officers Resolution Modifications
Adoption of this Resolution (Attachment 3) will remove the five percent (5%) assignment pay to the Community Development Director, Omar Dadabhoy, and create a classification in the Administrative Officers’ Unit titled Community Development Director/Deputy City Manager to assume the permanent additional responsibilities performed by the previous Deputy City Manager. There is no fiscal impact to approving this resolution.

ALTERNATIVES:

Alternative No.1:
1) Receive and File the Mid-Year General Fund Budget Review for Fiscal Year 2022-23; and 2) Approve the budget amendments to Fiscal Year 2022-23 as recommended in this report; and
3) Approve the Resolution Amending the City’s Salary Schedule; and 4) Approve the Resolution Amending the Admin Officers Resolution Alternative No. 2:

Do not approve alternative no. 1 and provide direction to staff.

Mid-Year Budget Review
March 7, 2023

RECOMMENDATION:

Staff recommends Alternative No. 1.

Prepared by: Ryan Smith, Finance Director
Carrie Hanes, Human Resources Director
Reviewed by: Colin Burns, City Attorney
Approved by: Maggie Le, City Manager
Attachment 1: Mid-Year Budget Amendments
Attachment 2: Resolution Amending City’s Salary Schedule Exhibit 1 – 2023 Salary Schedule
Attachment 3: Resolution Amending the Admin Officers Resolution

General Fund
Revenues Reason
SALES & USE TAX 1,093,000 HDL Projections
TRANSACTION TAX (MEASURE HH) 947,000 HDL Projections
TRANSIENT OCCUPANY TAX 75,000 Collections higher than expected INTEREST 235,000 Improved Interest Rate Environment
MISC OTHER INCOME 84,500 Opioid Settlement, Construction Easement CEQA CLEARANCE FEE (EIR) (50,000) Activity Based Adjustments PLANNING-PLAN CHECK FEE 25,000 Activity Based Adjustments BUILDING PERMIT 100,000 Activity Based Adjustments
ELECTRICAL PERMIT 10,000 Activity Based Adjustments
PLUMBING PERMIT 20,000 Activity Based Adjustments
PLAN CHECK FEES 100,000 Activity Based Adjustments
SANITATION DIST PROC FEE 25,000 Activity Based Adjustments EXCAVATION PERMIT 50,000 Activity Based Adjustments
MISC ENG & OTHER FEES 200,000 Activity Based Adjustments IMPROVEMENT INSPECTION FEE 20,000 Activity Based Adjustments TREE REMOVAL/REPLACE. FEE 12,500 Activity Based Adjustments STORM WATER PREVENTION FEE 10,000 Activity Based Adjustments OC PROP. FIRE PROTECT FEE 11,000 Activity Based Adjustments PLAN CHECKS/PERMITS 60,000 Activity Based Adjustments
REC CENTER ROOM RENTS 10,000 Activity Based Adjustments ATHLETIC FEES 15,000 Activity Based Adjustments
FIELD LIGHTING 10,364 Activity Based Adjustments
BALL FIELD RENTS 25,000 Activity Based Adjustments
OTHER CONCESSIONS 13,200 Activity Based Adjustments
COMM CENTER ROOM RENTS 15,000 Activity Based Adjustments Total General Fund Revenues 3,116,564
Expenditures Reason
Admin PROFESSIONAL SERVICES 35,000.00 Strategic Plan Messaging Admin BUSINESS MEETINGS 2,000.00 Increased Meetings costs HR EMPLOYEE APPRECIATION 25,000.00 Strategic Plan - staff engagement Community DevelopmePROFESSIONAL SERVICES-SOILS 50,000.00 Soils Professional Services Community DevelopmeOFFICE SUPPLIES 2,000.00 Additional Office Supplies Community DevelopmeADVERTISEMENTS 2,000.00 Public Hearing Notices Community DevelopmeBUSINESS MEETINGS 1,000.00 Increased Meetings costs Community DevelopmeEDUCATIONAL MEETINGS-EMP 3,000.00 ICSC Conf Attendance Community DevelopmeCELLPHONES/IPADS 1,500.00 Additional Cell Phone Costs Community DevelopmeMEMBERSHIP DUES 500.00 Additional Memberships Community DevelopmeACCOUNT COLLECTION EXPENSE 2,000.00 Activity Based Engineering/PW PROFESSIONAL SERVICES 150,000.00 Engineering Pro Svcs, Inspection Svcs Engineering/PW PROFESSIONAL SERVICES-OTHER 80,000.00 Increased Project Costs - Offset by Engineering Fees increase Engineering/PW TRAFFIC SIGNAL ELECTRICITY 60,000.00 Increased Utilities Costs Engineering/PW STREET LIGHT MAINTENANCE 80,000.00 Additional Street Light Requests Engineering/PW NATURAL GAS 1,400.00 Increased Utilities Costs Engineering/PW ELECTRICITY 2,000.00 Increased Utilities Costs FIRE EXPOSURE PAY 40,000.00 Special Pays not included in origina budget FIRE PHYSICAL FITNESS PAY 20,000.00 Special Pays not included in origina budget FIRE UNIFORM ALLOWANCE (SAFETY) 1,500.00 Increased Uniform Needs FIRE UNIFOM ITEMS & IDENTITY 490.00 Increased Uniform Needs FIRE FIRE SAFETY UNIFORMS 7,000.00 Increased Uniform Needs FIRE SERVICE CONTRACTS 200,000.00 Surge Ambulance Usage FIRE 1ST AID/PARAMEDIC SUPPLIES 30,000.00 Increased Supplies Usage FIRE NON-PROF SERVICES 20,000.00 Plan Check Services
Police COMMUNICATION EQUIPMENT 40,000.00 800 MHz Costs
Community Services CONTRACT LABOR 25,000.00 Class Instructor Activity Total General Fund Expenditures 881,390.00
Increase
(Decrease)
Increase
(Decrease)
Mid Year Budget Amendments
FY 2022-23

General Fund - Internal Service Funds Reason
IT SERVICE CONTRACTS 255,000.00 MS365, Cyber Security, Neogov IT COMPUTERS 150,000.00 Firewall, Switches
IT PERMANENT-NONSWORN 15,000.00 Dept Re-org
Government Buildings NATURAL GAS 2,400.00 Increased Utility costs Government Buildings ELECTRICITY 36,000.00 Increased Utility costs Government Buildings NATURAL GAS 2,100.00 Increased Utility costs Government Buildings BUILDING M & R 5,000.00 Relamp Fleet Bays Government Buildings NATURAL GAS 8,000.00 Increased Utility costs Government Buildings ELECTRICITY 9,000.00 Increased Utility costs Government Buildings NATURAL GAS 3,000.00 Increased Utility costs Government Buildings ELECTRICITY 3,000.00 Increased Utility costs Government Buildings NATURAL GAS 14,000.00 Increased Utility costs Government Buildings ELECTRICITY 54,000.00 Increased Utility costs Government Buildings NATURAL GAS 5,000.00 Increased Utility costs Government Buildings ELECTRICITY (20,000.00) Solar Savings Government Buildings NATURAL GAS 3,500.00 Increased Utility costs Fleet TRANSFER IN OTHER (100,000.00) Vehicles funded by AQMD Fleet PASSENGER CARS 80,000.00 2 new fleet vehicles
Fleet PASSENGER CARS 10,000.00 Additional Vehicle costs Fleet PASSENGER CARS 10,000.00 Additional Vehicle costs Fire - Equipment RESPIRATORY PROTECT. EQUIP. 4,000.00 New RIC Bag Air Bottles Police - Equipment MISC. EQUIPMENT 26,000.00 New Canine, Brazos Citation Devices Total General Fund - Internal Service Funds 575,000.00
Net General Fund Impact 1,660,174.00
Other Funds Reason
AQMD TRANFERS OUT FLEET MGMT 100,000.00 2 New Fleet Vehicles Water ELECTRICITY 70,000.00 Increased Utility costs
Water WELLS/LIFT/RES M&R 60,000.00 Replace Well 9 VFD
Water PROFESSIONAL SERVICES 55,000.00 Increased Lab Fees Sewer ELECTRICITY 1,000.00 Increased Utility costs
Total Other Funds 286,000.00
Increase
(Decrease)
Increase
(Decrease)
Mid Year Budget Amendments (continued)
FY 2022-23

ATTACHMENT 2
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FOUNTAIN VALLEY RELATING TO THE

CLASSIFICATION AND COMPENSATION

COMPREHENSIVE SALARY SCHEDULE OF CITY

EMPLOYEES AND SUPERSEDING ALL PROVISIONS
CONTAINED IN RESOLUTION NO. 9854 AND ALL

SUBSEQUENT SALARY SCHEDULE RESOLUTIONS,

WHICH PERTAIN TO THE CLASSIFICATION AND
COMPENSATION OF CITY EMPLOYEES.

WHEREAS, the City Council of the City of Fountain Valley hereby establishes a basic compensation plan for City employees in all of the classifications of employment as described in this resolution; and
WHEREAS, representatives of the City Council and the City Manager or the City Manager and representatives of the bargaining groups and unrepresented units noted below periodically negotiate in good faith to reach agreement on benefits and compensation pursuant to Government Code Section 3500 et seq; and Employee Unit Name
Fountain Valley Firefighters’ IAFF Local 4530
Individually Represented Battalion Chiefs
Fountain Valley Police Officers’ Association
Police Officers’ Management Unit
Professional/Technical Unit
Fountain Valley General Employees’ Association
Fountain Valley Municipal Employees’ Association
Non-Represented Professional/Technical Employees
Administrative Officers
Part-Time Employees

Resolution of the City Council
Comprehensive Salary Schedule
March 7, 2023
- 2 -
WHEREAS, the City maintains a comprehensive salary resolution of each paid City classification and their corresponding salary range; and WHEREAS, the comprehensive salary resolution is updated periodically to include any negotiated adjustments to the salary range for a classification, title changes to an existing classification, reclassification or deletion of existing classifications, or new classifications; and
WHEREAS, the City has adjusted the salaries for eligible classifications to reflect the agreed upon compensation study adjustments effective the pay period including January 1, 2023, specified in Exhibit 1; and
WHEREAS, the City has adjusted the hourly rate ranges for eligible part-time classifications to reflect the federal and state minimum wage increase effective the pay period including January 1, 2023, specified in Exhibit 1; and WHEREAS, the City has deleted the part-time classifications of Lifeguard (T10), and Swim Instructor/Lifeguard (T09) specified in Exhibit 1; and WHEREAS, due to the adjustments to the full-time miscellaneous classifications in Fountain Valley General Employees’ Association, and the Fountain Valley Professional and Technical Unit, the part-time equivalent classification’s hourly rate ranges to be adjusted accordingly effective the pay period including January 1, 2023, specified in Exhibit 1; and
WHEREAS, due to the adjustments to the full-time fire and police association classifications, the part-time positions of Police Recruit, Firefighter Recruit and Paramedic

Resolution of the City Council
Comprehensive Salary Schedule
March 7, 2023
- 3 -
Recruit has adjusted per Resolution 9623, effective the pay period including January 1, 2023, specified in Exhibit 1; and
WHEREAS, the City desires to make a title change to the classification of Budget Manager to Finance Manager (P58) in the Non-Represented Represented Professional and Technical Unit, with no change to the salary steps; and P58 Finance Manager Annual $117,353.98 $123,221.68 $129,382.76 $135,851.90 $142,644.49 Monthly $9,779.50 $10,268.47 $10,781.90 $11,320.99 $11,887.04 Bi-weekly $4,513.61 $4,739.30 $4,976.26 $5,225.07 $5,486.33 Hourly $ 56.42 $ 59.24 $ 62.20 $ 65.31 $68.58
WHEREAS, the City desires to make a title change to the classification of Planning & Building Director to Community Development Director (D04) in the Administrative Officers’ Unit, with no change to the salary steps; and D04 Community Development Director Annual $178,775.96 $187,714.76 $197,100.50 $206,955.52 $217,303.30 Monthly $14,898.00 $15,642.90 $16,425.04 $17,246.29 $18,108.61 Bi-weekly $6,876.00 $7,219.80 $7,580.79 $7,959.83 $8,357.82 Hourly $ 85.95 $ 90.25 $ 94.76 $ 99.50 $104.47
WHEREAS, the City desires to create the classification of Information Technology Director (D11) in the Administrative Officers’ Unit. The median market rate within Orange County, and internal alignment within the Administrative Officers’ Unit. It is desired to create the classification with the following salary steps upon adoption of this resolution.

D11 Information Technology Director Annual $ 161,637.46 $ 169,719.33 $ 178,205.30 $ 187,115.57 $ 196,471.34 Monthly $ 13,469.79 $ 14,143.28 $ 14,850.44 $ 15,592.96 $ 16,372.61 Bi-weekly $ 6,216.83 $ 6,527.67 $ 6,854.05 $ 7,196.75 $ 7,556.59 Hourly $ 77.71 $ 81.60 $ 85.68 $ 89.96 $ 94.46
The City also desires to provide the same compensation salary increase of four percent (4%) COLA effective January 1, 2024, as provided to the Community Services and

Resolution of the City Council
Comprehensive Salary Schedule
March 7, 2023
- 4 -
Human Resources Director to remain in alignment and bring closer to the median market rate; and
WHEREAS, the City desires to create the classification of Community Development Director/Deputy City Manager (D10) in the Administrative Officers’ Unit; and D10 Community Development Director/ Annual $187,714.76 $197,100.50 $206,955.52 $217,303.30 $228,168.46 Deputy City Manager Monthly $15,642.90 $16,425.04 $17,246.29 $18,108.61 $19,014.04 Bi-weekly $7,219.80 $7,580.79 $7,959.83 $8,357.82 $8,775.71 Hourly $ 90.25 $ 94.76 $ 99.50 $ 104.47 $ 109.70
WHEREAS, the City desires to create the classification of Senior Information Technology Analyst (P66) in the Non-Represented Professional and Technical Unit.

P66 Senior Information TechnologyAnalyst Annual $99,712.79 $104,698.43 $109,933.35 $115,430.02 $121,201.52 Monthly $8,309.40 $8,724.87 $9,161.11 $9,619.17 $10,100.13 Bi-weekly $3,835.11 $4,026.86 $4,228.21 $4,439.62 $4,661.60 Hourly $47.94 $50.34 $52.85 $55.50 $58.27
NOW, THEREFORE, the City Council of the City of Fountain Valley does hereby resolve as follows:

SECTION 1. All provisions shall be effective as noted in Exhibit 1 for each classification.

SECTION 2. The salary ranges and hourly rate ranges as specified in Exhibit 1 for paid City classifications for employees are hereby established.

Resolution of the City Council
Comprehensive Salary Schedule
March 7, 2023
- 5 -
PASSED AND ADOPTED by the City Council of the City of Fountain Valley at a regular meeting on this 7th day of March 2023.
__________________________
Kim Constantine, Mayor
ATTEST:
__________________________
City Clerk

APPROVED AS TO FORM
__________________________
Colin Burns
Attorneys for the City
Attachment: 1. Exhibit - Salary Schedule

Bargaining Unit Codes:

POA: Fountain Valley Police Officers' Association
POMU: Fountain Valley Peace Officers' Management Unit
FVFA: Fountain Valley Firefighters' Association IAFF Local 4530 BC: Individually Represented Battalion Chiefs
P&T: Professional/Technical Unit
IRP&T: Individually Represented Professional/Technical Employee FVGEA: Fountain Valley General Employees' Association
FVMEA: Fountain Valley Municipal Employees' Association DD: Department Directors (non-represented)
PT: Part-time employees (non-represented)
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 POA 1/1/2023 O08 Corporal Annual $90,423.02 $94,944.17 $99,691.38 $104,675.95 $109,909.75 Monthly $7,535.25 $7,912.01 $8,307.62 $8,723.00 $9,159.15 Bi-weekly $3,477.81 $3,651.70 $3,834.28 $4,026.00 $4,227.30 Hourly $43.47 $45.65 $47.93 $50.32 $52.84
POA 1/1/2023 O04 Police Officer Annual $86,109.37 $90,411.96 $94,930.40 $99,679.08 $104,672.38 Monthly $7,175.78 $7,534.33 $7,910.87 $8,306.59 $8,722.70 Bi-weekly $3,311.90 $3,477.38 $3,651.17 $3,833.81 $4,025.86 Hourly $41.40 $43.47 $45.64 $47.92 $50.32
POA 7/1/2023 O03 Police Sergeant Annual $111,147.86 $116,702.38 $122,544.69 $128,674.80 $135,107.10 Monthly $9,262.32 $9,725.20 $10,212.06 $10,722.90 $11,258.93 Bi-weekly $4,274.92 $4,488.55 $4,713.26 $4,949.03 $5,196.43 Hourly $53.44 $56.11 $58.92 $61.86 $64.96
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 POMU 1/1/2023 O02 Police Lieutenant Annual $136,205.22 $143,018.05 $150,165.10 $157,672.07 $165,551.82 Monthly $11,350.44 $11,918.17 $12,513.76 $13,139.34 $13,795.98 Bi-weekly $5,238.66 $5,500.69 $5,775.58 $6,064.31 $6,367.38 Hourly $65.48 $68.76 $72.19 $75.80 $79.59
POMU 1/1/2023 O01 Police Captain Annual $155,409.70 $163,173.75 $171,336.30 $179,897.33 $188,895.41 Monthly $12,950.81 $13,597.81 $14,278.02 $14,991.44 $15,741.28 Bi-weekly $5,977.30 $6,275.91 $6,589.86 $6,919.13 $7,265.21 Hourly $74.72 $78.45 $82.37 $86.49 $90.82
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 FVFA 1/1/2023 F03 Firefighter Annual $78,365.00 $82,283.25 $86,397.42 $90,717.29 $95,253.15 Monthly $6,530.42 $6,856.94 $7,199.78 $7,559.77 $7,937.76 Bi-weekly $3,014.04 $3,164.74 $3,322.98 $3,489.13 $3,663.58 Hourly $26.91 $28.26 $29.67 $31.15 $32.71
FVFA 1/1/2023 F04 Firefighter/Paramedic Annual $89,727.93 $94,214.33 $98,925.04 $103,871.30 $109,064.86 Monthly $7,477.33 $7,851.19 $8,243.75 $8,655.94 $9,088.74 Bi-weekly $3,451.07 $3,623.63 $3,804.81 $3,995.05 $4,194.80 Hourly $30.81 $32.35 $33.97 $35.67 $37.45
FVFA 1/1/2023 F02 Fire Engineer Annual $90,625.21 $95,156.47 $99,914.29 $104,910.01 $110,155.51 Monthly $7,552.10 $7,929.71 $8,326.19 $8,742.50 $9,179.63 Bi-weekly $3,485.58 $3,659.86 $3,842.86 $4,035.00 $4,236.75 Hourly $31.12 $32.68 $34.31 $36.03 $37.83
FVFA 1/1/2023 F01 Fire Captain Annual $104,977.05 $110,225.90 $115,737.20 $121,524.06 $127,600.26 Monthly $8,748.09 $9,185.49 $9,644.77 $10,127.01 $10,633.36 Bi-weekly $4,037.58 $4,239.46 $4,451.43 $4,674.00 $4,907.70 Hourly $36.05 $37.85 $39.74 $41.73 $43.82
FVFA 1/1/2023 F06 Administrative Fire Captain Annual $125,381.62 $131,650.70 $138,233.23 $145,144.89 $152,402.14 Monthly $10,448.47 $10,970.89 $11,519.44 $12,095.41 $12,700.18 Bi-weekly $4,822.37 $5,063.49 $5,316.66 $5,582.50 $5,861.62 Hourly $60.28 $63.29 $66.46 $69.78 $73.27
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 BC 1/1/2023 P23 Battalion Chief Annual $146,754.44 $154,092.17 $161,796.77 $169,886.61 $178,380.94 Monthly $12,229.54 $12,841.01 $13,483.06 $14,157.22 $14,865.08 Bi-weekly $5,644.40 $5,926.62 $6,222.95 $6,534.10 $6,860.81 Hourly $50.40 $52.92 $55.56 $58.34 $61.26
BC 1/1/2023 P56 Division Chief Annual $159,962.34 $167,960.46 $176,358.48 $185,176.41 $194,435.23 Monthly $13,330.20 $13,996.71 $14,696.54 $15,431.37 $16,202.94 Bi-weekly $6,152.40 $6,460.02 $6,783.02 $7,122.17 $7,478.28 Hourly $54.93 $57.68 $60.56 $63.59 $66.77
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 P&T 1/1/2023 P57 Building Official Annual $135,020.95 $141,771.99 $148,860.59 $156,303.62 $164,118.80 Monthly $11,251.75 $11,814.33 $12,405.05 $13,025.30 $13,676.57 Bi-weekly $5,193.11 $5,452.77 $5,725.41 $6,011.68 $6,312.26 Hourly 64.91 $ 68.16 $ 71.57 $ 75.15 $ $78.90
P&T 1/1/2023 P09 Community Services Supervisor Annual $84,919.87 $89,165.86 $93,624.15 $98,305.36 $103,220.63 Monthly $7,076.66 $7,430.49 $7,802.01 $8,192.11 $8,601.72 Bi-weekly $3,266.15 $3,429.46 $3,600.93 $3,780.98 $3,970.02 Hourly 40.83 $ 42.87 $ $ 45.01 $ 47.26 $49.63
P&T 1/1/2023 P46 Crime Analyst Annual $86,544.59 $90,871.81 $95,415.41 $100,186.18 $105,195.48 Monthly $7,212.05 $7,572.65 $7,951.28 $8,348.85 $8,766.29 Bi-weekly $3,328.64 $3,495.07 $3,669.82 $3,853.31 $4,045.98 Hourly $ 41.61 $ 43.69 $ 45.87 $ 48.17 $50.57
EXHIBIT 1
City of Fountain Valley Salary Resolution
City Council Meeting 3/7/2023

P&T 1/1/2023 P50 Deputy Public Works Director/City Annual $157,199.03 $165,058.98 $173,311.93 $181,977.53 $191,076.40 Engineer Monthly $13,099.92 $13,754.92 $14,442.66 $15,164.79 $15,923.03 Bi-weekly $6,046.12 $6,348.42 $6,665.84 $6,999.14 $7,349.09 Hourly 75.58 $ 79.36 $ 83.32 $ 87.49 $ $91.86
P&T 1/1/2023 P55 Emergency Medical Services Annual $116,353.40 $122,171.07 $128,279.62 $134,693.61 $141,428.29 Manager Monthly $9,696.12 $10,180.92 $10,689.97 $11,224.47 $11,785.69 Bi-weekly $4,475.13 $4,698.89 $4,933.83 $5,180.52 $5,439.55 Hourly 55.94 $ 58.74 $ 61.67 $ 64.76 $ $67.99
P&T 1/1/2023 P20 Engineering Associate Annual $107,723.98 $113,110.17 $118,765.68 $124,703.97 $130,939.17 Monthly $8,977.00 $9,425.85 $9,897.14 $10,392.00 $10,911.60 Bi-weekly $4,143.23 $4,350.39 $4,567.91 $4,796.31 $5,036.12 Hourly 51.79 $ 54.38 $ 57.10 $ 59.95 $ $62.95
P&T 1/1/2023 P31 Environmental Services Annual $102,358.82 $107,476.76 $112,850.60 $118,493.13 $124,417.79 Administrator Monthly $8,529.90 $8,956.40 $9,404.22 $9,874.43 $10,368.15 Bi-weekly $3,936.88 $4,133.72 $4,340.41 $4,557.43 $4,785.30 Hourly 49.21 $ 51.67 $ 54.26 $ 56.97 $ $59.82
P&T 1/1/2023 P25 Field Services Manager Annual $142,462.67 $149,585.80 $157,065.09 $164,918.35 $173,164.26 Monthly $11,871.89 $12,465.48 $13,088.76 $13,743.20 $14,430.36 Bi-weekly $5,479.33 $5,753.30 $6,040.97 $6,343.01 $6,660.16 Hourly 68.49 $ 71.92 $ 75.51 $ 79.29 $ $83.25
P&T 1/1/2023 P48 Fire Marshal Annual $124,926.85 $131,173.19 $137,731.85 $144,618.44 $151,849.36 Monthly $10,410.57 $10,931.10 $11,477.65 $12,051.54 $12,654.11 Bi-weekly $4,804.88 $5,045.12 $5,297.38 $5,562.25 $5,840.36 Hourly 60.06 $ 63.06 $ 66.22 $ 69.53 $ $73.00
P&T 1/1/2023 P05 Housing Coordinator Annual $106,918.86 $112,264.80 $117,878.04 $123,771.95 $129,960.54 Monthly $8,909.90 $9,355.40 $9,823.17 $10,314.33 $10,830.05 Bi-weekly $4,112.26 $4,317.88 $4,533.77 $4,760.46 $4,998.48 Hourly 51.40 $ 53.97 $ 56.67 $ 59.51 $ $62.48
P&T 1/1/2023 P10 Information Technology Manager Annual $134,378.13 $141,097.03 $148,151.88 $155,559.48 $163,337.45 Monthly $11,198.18 $11,758.09 $12,345.99 $12,963.29 $13,611.45 Bi-weekly $5,168.39 $5,426.81 $5,698.15 $5,983.06 $6,282.21 Hourly 64.60 $ 67.84 $ 71.23 $ 74.79 $ $78.53
P&T 1/1/2023 P41 Internal Services Supervisor Annual $92,656.28 $97,289.09 $102,153.55 $107,261.23 $112,624.29 Monthly $7,721.36 $8,107.42 $8,512.80 $8,938.44 $9,385.36 Bi-weekly $3,563.70 $3,741.89 $3,928.98 $4,125.43 $4,331.70 Hourly 44.55 $ 46.77 $ 49.11 $ 51.57 $ $54.15
P&T 1/1/2023 P64 Management Analyst Annual $86,544.59 $90,871.81 $95,415.41 $100,186.18 $105,195.48 Monthly $7,212.05 $7,572.65 $7,951.28 $8,348.85 $8,766.29 Bi-weekly $3,328.64 $3,495.07 $3,669.82 $3,853.31 $4,045.98 Hourly 41.61 $ 43.69 $ 45.87 $ 48.17 $ $50.57
P&T 1/1/2023 P65 Management Specialist Annual $77,890.13 $81,784.63 $85,873.86 $90,167.56 $94,675.94 Monthly $6,490.84 $6,815.39 $7,156.16 $7,513.96 $7,889.66 Bi-weekly $2,995.77 $3,145.56 $3,302.84 $3,467.98 $3,641.38 Hourly 37.45 $ 39.32 $ 41.29 $ 43.35 $ $45.52
P&T 1/1/2023 P07 Principal Planner Annual $123,740.21 $129,927.22 $136,423.58 $143,244.76 $150,407.00 Monthly $10,311.68 $10,827.27 $11,368.63 $11,937.06 $12,533.92 Bi-weekly $4,759.24 $4,997.20 $5,247.06 $5,509.41 $5,784.88 Hourly 59.49 $ 62.47 $ 65.59 $ 68.87 $ $72.31
P&T 1/1/2023 P07A Principal Planner (new hire) Annual $121,941.84 $128,038.94 $134,440.88 $141,162.93 $148,221.07 Monthly $10,161.82 $10,669.91 $11,203.41 $11,763.58 $12,351.76 Bi-weekly $4,690.07 $4,924.57 $5,170.80 $5,429.34 $5,700.81 Hourly $ 58.63 $ 61.56 $ 64.64 $ 67.87 $71.26
P&T 1/1/2023 P35 Principal Civil Engineer Annual $129,266.20 $135,729.51 $142,515.98 $149,641.78 $157,123.87 Monthly $10,772.18 $11,310.79 $11,876.33 $12,470.15 $13,093.66 Bi-weekly $4,971.78 $5,220.37 $5,481.38 $5,755.45 $6,043.23 Hourly $ 62.15 $ 65.25 $ 68.52 $ 71.94 $75.54
P&T 1/1/2023 P42 Public Services Supervisor Annual $92,656.28 $97,289.09 $102,153.55 $107,261.23 $112,624.29 Monthly $7,721.36 $8,107.42 $8,512.80 $8,938.44 $9,385.36 Bi-weekly $3,563.70 $3,741.89 $3,928.98 $4,125.43 $4,331.70 Hourly $ 44.55 $ 46.77 $ 49.11 $ 51.57 $54.15
P&T 1/1/2023 P03 Purchasing Manager Annual $103,036.97 $108,188.81 $113,598.25 $119,278.17 $125,242.08 Monthly $8,586.41 $9,015.73 $9,466.52 $9,939.85 $10,436.84 Bi-weekly $3,962.96 $4,161.11 $4,369.16 $4,587.62 $4,817.00 Hourly $ 49.54 $ 52.01 $ 54.61 $ 57.35 $60.21
P&T 1/1/2023 P08 Recreation and Community Annual $115,707.34 $121,492.71 $127,567.35 $133,945.71 $140,643.00 Services Manager Monthly $9,642.28 $10,124.39 $10,630.61 $11,162.14 $11,720.25 Bi-weekly $4,450.28 $4,672.80 $4,906.44 $5,151.76 $5,409.35 Hourly $ 55.63 $ 58.41 $ 61.33 $ 64.40 $67.62
P&T 1/1/2023 P34 Senior Civil Engineer Annual $118,501.52 $124,426.60 $130,647.93 $137,180.33 $144,039.34 Monthly $9,875.13 $10,368.88 $10,887.33 $11,431.69 $12,003.28 Bi-weekly $4,557.75 $4,785.64 $5,024.92 $5,276.17 $5,539.97 Hourly $ 56.97 $ 59.82 $ 62.81 $ 65.95 $69.25
P&T 1/1/2023 P53 Senior Planner Annual $108,607.58 $114,037.96 $119,739.85 $125,726.85 $132,013.19 Monthly $9,050.63 $9,503.16 $9,978.32 $10,477.24 $11,001.10 Bi-weekly $4,177.21 $4,386.08 $4,605.38 $4,835.65 $5,077.43 Hourly 52.22 $ $ 54.83 $ 57.57 $ 60.45 $63.47
P&T 1/1/2023 P30 Sewer/Storm Drain Supervisor Annual $100,068.78 $105,072.22 $110,325.83 $115,842.13 $121,634.23 Monthly $8,339.07 $8,756.02 $9,193.82 $9,653.51 $10,136.19 Bi-weekly $3,848.80 $4,041.24 $4,243.30 $4,455.47 $4,678.24 Hourly $ 48.11 $ 50.52 $ 53.04 $ 55.69 $58.48
P&T 1/1/2023 P06 Support Services Manager Annual $103,951.20 $109,148.76 $114,606.20 $120,336.51 $126,353.33 Monthly $8,662.60 $9,095.73 $9,550.52 $10,028.04 $10,529.44 Bi-weekly $3,998.12 $4,198.03 $4,407.93 $4,628.33 $4,859.74 Hourly $ 49.98 $ 52.48 $ 55.10 $ 57.85 $60.75

P&T 1/1/2023 P54 Support Services Supervisor Annual $84,919.87 $89,165.86 $93,624.15 $98,305.36 $103,220.63 Monthly $7,076.66 $7,430.49 $7,802.01 $8,192.11 $8,601.72 Bi-weekly $3,266.15 $3,429.46 $3,600.93 $3,780.98 $3,970.02 Hourly 40.83 $ 42.87 $ 45.01 $ 47.26 $ $49.63
P&T 1/1/2023 P21 Water Supervisor Annual $102,070.16 $107,173.67 $112,532.35 $118,158.97 $124,066.92 Monthly $8,505.85 $8,931.14 $9,377.70 $9,846.58 $10,338.91 Bi-weekly $3,925.78 $4,122.06 $4,328.17 $4,544.58 $4,771.80 Hourly 49.07 $ 51.53 $ 54.10 $ 56.81 $ $59.65
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 IRP&T 1/1/2023 P12 Accounting Manager Annual $117,353.98 $123,221.68 $129,382.76 $135,851.90 $142,644.49 Monthly $9,779.50 $10,268.47 $10,781.90 $11,320.99 $11,887.04 Bi-weekly $4,513.61 $4,739.30 $4,976.26 $5,225.07 $5,486.33 Hourly 56.42 $ 59.24 $ 62.20 $ 65.31 $ $68.58
IRP&T 1/1/2023 P58 Finance Manager (Previously Budget) Annual $117,353.98 $123,221.68 $129,382.76 $135,851.90 $142,644.49 Monthly $9,779.50 $10,268.47 $10,781.90 $11,320.99 $11,887.04 Bi-weekly $4,513.61 $4,739.30 $4,976.26 $5,225.07 $5,486.33 Hourly 56.42 $ 59.24 $ 62.20 $ 65.31 $ $68.58
IRP&T 1/1/2023 P14 City Clerk Administrator Annual $122,055.04 $128,157.79 $134,565.68 $141,293.96 $148,358.66 Monthly $10,171.25 $10,679.82 $11,213.81 $11,774.50 $12,363.22 Bi-weekly $4,694.42 $4,929.15 $5,175.60 $5,434.38 $5,706.10 Hourly 58.68 $ 61.61 $ 64.70 $ 67.93 $ $71.33
IRP&T 1/1/2023 P49 Human Resources Analyst Annual $86,335.03 $90,651.79 $95,184.38 $99,943.59 $104,940.77 Monthly $7,194.59 $7,554.32 $7,932.03 $8,328.63 $8,745.06 Bi-weekly $3,320.58 $3,486.61 $3,660.94 $3,843.98 $4,036.18 Hourly 41.51 $ 43.58 $ 45.76 $ 48.05 $ $50.45
IRP&T 1/1/2023 P15 Human Resources Specialist Annual $78,455.91 $82,378.71 $86,497.65 $90,822.53 $95,363.65 Monthly $6,537.99 $6,864.89 $7,208.14 $7,568.54 $7,946.97 Bi-weekly $3,017.54 $3,168.41 $3,326.83 $3,493.17 $3,667.83 Hourly 37.72 $ 39.61 $ 41.59 $ 43.66 $ $45.85
IRP&T 1/1/2023 P62 Human Resources Manager Annual $125,898.24 $133,766.88 $141,635.52 $149,504.16 $157,372.80 Monthly $10,491.52 $11,147.24 $11,802.96 $12,458.68 $13,114.40 Bi-weekly $4,842.24 $5,144.88 $5,447.52 $5,750.16 $6,052.80 Hourly 60.53 $ 63.55 $ 66.73 $ 70.07 $ $73.57
IRP&T 1/1/2023 P63 Information Technology Analyst Annual $81,390.00 $85,459.50 $89,732.48 $94,219.10 $98,930.05 Monthly $6,782.50 $7,121.63 $7,477.71 $7,851.59 $8,244.17 Bi-weekly $3,130.38 $3,286.90 $3,451.25 $3,623.81 $3,805.00 Hourly 39.13 $ 41.09 $ 43.14 $ 45.30 $ 47.56 $
IRP&T 1/1/2023 P01 Management Analyst Annual $86,544.59 $90,871.81 $95,415.41 $100,186.18 $105,195.48 (City Manager's Office Only) Monthly $7,212.05 $7,572.65 $7,951.28 $8,348.85 $8,766.29 Bi-weekly $3,328.64 $3,495.07 $3,669.82 $3,853.31 $4,045.98 Hourly 41.61 $ 43.69 $ 45.87 $ 48.17 $ $50.57
IRP&T 1/1/2023 P02 Management Specialist Annual $77,890.13 $81,784.63 $85,873.86 $90,167.56 $94,675.94 (City Manager's Office Only) Monthly $6,490.84 $6,815.39 $7,156.16 $7,513.96 $7,889.66 Bi-weekly $2,995.77 $3,145.56 $3,302.84 $3,467.98 $3,641.38 Hourly 37.45 $ 39.32 $ 41.29 $ 43.35 $ $45.52
IRP&T 1/1/2023 P61 Payroll Administrator Annual $112,701.85 $118,336.94 $124,253.79 $130,466.48 $136,989.81 Monthly $9,391.82 $9,861.41 $10,354.48 $10,872.21 $11,415.82 Bi-weekly $4,334.69 $4,551.42 $4,778.99 $5,017.94 $5,268.84 Hourly $ 54.18 $ 56.89 $ 59.74 $ 62.72 $65.86
IRP&T 1/1/2023 P40 Principal Management Analyst Annual $103,853.50 $109,046.18 $114,498.49 $120,223.41 $126,234.58 (City Manager's Office Only) Monthly $8,654.46 $9,087.18 $9,541.54 $10,018.62 $10,519.55 Bi-weekly $3,994.37 $4,194.08 $4,403.79 $4,623.98 $4,855.18 Hourly $ 49.93 $ 52.43 $ 55.05 $ 57.80 $60.69
IRP&T 1/1/2023 P59 Principal Human Resources Analyst Annual $114,644.99 $120,377.24 $126,396.10 $132,715.90 $139,351.70 Monthly $9,553.75 $10,031.44 $10,533.01 $11,059.66 $11,612.64 Bi-weekly $4,409.42 $4,629.89 $4,861.39 $5,104.46 $5,359.68 Hourly $ 55.12 $ 57.87 $ 60.77 $ 63.81 $67.00
IRP&T 1/1/2023 P60 Purchasing Administrator Annual $112,701.85 $118,336.94 $124,253.79 $130,466.48 $136,989.81 Monthly $9,391.82 $9,861.41 $10,354.48 $10,872.21 $11,415.82 Bi-weekly $4,334.69 $4,551.42 $4,778.99 $5,017.94 $5,268.84 Hourly $ 54.18 $ 56.89 $ 59.74 $ 62.72 $65.86
IRP&T 1/1/2023 P51 Senior Budget Analyst Annual $93,572.93 $98,251.58 $103,164.16 $108,322.37 $113,738.49 Monthly $7,797.74 $8,187.63 $8,597.01 $9,026.86 $9,478.21 Bi-weekly $3,598.96 $3,778.91 $3,967.85 $4,166.24 $4,374.56 Hourly $ 44.99 $ 47.24 $ 49.60 $ 52.08 $54.68
IRP&T 1/1/2023 P52 Senior Human Resources Analyst Annual $95,877.69 $100,671.57 $105,705.15 $110,990.41 $116,539.93 Monthly $7,989.81 $8,389.30 $8,808.76 $9,249.20 $9,711.66 Bi-weekly $3,687.60 $3,871.98 $4,065.58 $4,268.86 $4,482.30 Hourly 46.10 $ $ 48.40 $ 50.82 $ 53.36 $56.03
IRP&T 3/7/2023 P66 Senior Information Technology Analyst Annual $99,712.79 $104,698.43 $109,933.35 $115,430.02 $121,201.52 Monthly $8,309.40 $8,724.87 $9,161.11 $9,619.17 $10,100.13 Bi-weekly $3,835.11 $4,026.86 $4,228.21 $4,439.62 $4,661.60 Hourly $47.94 $50.34 $52.85 $55.50 $58.27
IRP&T 1/1/2023 P39 Senior Management Analyst Annual $95,186.26 $99,945.57 $104,942.85 $110,189.99 $115,699.49 Monthly $7,932.19 $8,328.80 $8,745.24 $9,182.50 $9,641.62 Bi-weekly $3,661.01 $3,844.06 $4,036.26 $4,238.08 $4,449.98 Hourly $ 45.76 $ 48.05 $ 50.45 $ 52.98 $55.62
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 FVGEA 1/1/2023 G02 Accountant Annual $82,325.58 $86,441.86 $90,763.96 $95,302.15 $100,067.26 Monthly $6,860.47 $7,203.49 $7,563.66 $7,941.85 $8,338.94 Bi-weekly $3,166.37 $3,324.69 $3,490.92 $3,665.47 $3,848.74 Hourly $ 39.58 $ 41.56 $ 43.64 $ 45.82 $48.11
FVGEA 1/1/2023 G03 Accounting Technician I Annual $55,294.24 $58,058.95 $60,961.90 $64,009.99 $67,210.49 Monthly $4,607.85 $4,838.25 $5,080.16 $5,334.17 $5,600.87

Bi-weekly $2,126.70 $2,233.04 $2,344.69 $2,461.92 $2,585.02 Hourly 26.58 $ 27.91 $ 29.31 $ 30.77 $ $32.31
FVGEA 1/1/2023 G03 Accounting Technician I/ Annual $55,294.24 $58,058.95 $60,961.90 $64,009.99 $67,210.49 Storekeeper Monthly $4,607.85 $4,838.25 $5,080.16 $5,334.17 $5,600.87 Bi-weekly $2,126.70 $2,233.04 $2,344.69 $2,461.92 $2,585.02 Hourly 26.58 $ 27.91 $ 29.31 $ 30.77 $ $32.31
FVGEA 1/1/2023 G04 Accounting Technician II Annual $58,058.95 $60,961.90 $64,009.99 $67,210.49 $70,571.02 Monthly $4,838.25 $5,080.16 $5,334.17 $5,600.87 $5,880.92 Bi-weekly $2,233.04 $2,344.69 $2,461.92 $2,585.02 $2,714.27 Hourly 27.91 $ 29.31 $ 30.77 $ 32.31 $ $33.93
FVGEA 1/1/2023 G79 Administrative Assistant Annual $62,077.87 $65,181.77 $68,440.86 $71,862.90 $75,456.04 Monthly $5,173.16 $5,431.81 $5,703.40 $5,988.57 $6,288.00 Bi-weekly $2,387.61 $2,506.99 $2,632.34 $2,763.96 $2,902.16 Hourly 29.85 $ 31.34 $ 32.90 $ 34.55 $ $36.28
FVGEA 1/1/2023 G77 Administrative Specialist Annual $43,060.88 $45,213.93 $47,474.63 $49,848.36 $52,340.77 Monthly $3,588.41 $3,767.83 $3,956.22 $4,154.03 $4,361.73 Bi-weekly $1,656.19 $1,739.00 $1,825.95 $1,917.24 $2,013.11 Hourly 20.70 $ 21.74 $ 22.82 $ 23.97 $ $25.16
FVGEA 1/1/2023 G73 Assistant Engineer Annual $87,809.88 $92,200.37 $96,810.39 $101,650.91 $106,733.46 Monthly $7,317.49 $7,683.36 $8,067.53 $8,470.91 $8,894.45 Bi-weekly $3,377.30 $3,546.17 $3,723.48 $3,909.65 $4,105.13 Hourly 42.22 $ 44.33 $ 46.54 $ 48.87 $ $51.31
FVGEA 1/1/2023 G55 Assistant Planner Annual $75,993.67 $79,793.36 $83,783.03 $87,972.18 $92,370.79 Monthly $6,332.81 $6,649.45 $6,981.92 $7,331.01 $7,697.57 Bi-weekly $2,922.83 $3,068.98 $3,222.42 $3,383.55 $3,552.72 Hourly 36.54 $ 38.36 $ 40.28 $ 42.29 $ $44.41
FVGEA 1/1/2023 G61 Building Inspector Annual $79,315.76 $83,281.55 $87,445.63 $91,817.91 $96,408.80 Monthly $6,609.65 $6,940.13 $7,287.14 $7,651.49 $8,034.07 Bi-weekly $3,050.61 $3,203.14 $3,363.29 $3,531.46 $3,708.03 Hourly 38.13 $ 40.04 $ 42.04 $ 44.14 $ $46.35
FVGEA 1/1/2023 G49 Code Enforcement Officer Annual $70,890.63 $74,435.16 $78,156.92 $82,064.76 $86,168.00 Monthly $5,907.55 $6,202.93 $6,513.08 $6,838.73 $7,180.67 Bi-weekly $2,726.56 $2,862.89 $3,006.04 $3,156.34 $3,314.15 Hourly 34.08 $ 35.79 $ 37.58 $ 39.45 $ $41.43
FVGEA 1/1/2023 G12 Community Services Officer Annual $59,476.10 $62,449.90 $65,572.40 $68,851.02 $72,293.57 Monthly $4,956.34 $5,204.16 $5,464.37 $5,737.58 $6,024.46 Bi-weekly $2,287.54 $2,401.92 $2,522.02 $2,648.12 $2,780.52 Hourly 28.59 $ 30.02 $ 31.53 $ 33.10 $ $34.76
FVGEA 1/1/2023 G24 Dispatcher Annual $69,300.79 $72,765.83 $76,404.12 $80,224.33 $84,235.55 Monthly $5,775.07 $6,063.82 $6,367.01 $6,685.36 $7,019.63 Bi-weekly $2,665.42 $2,798.69 $2,938.62 $3,085.55 $3,239.83 Hourly 33.32 $ 34.98 $ 36.73 $ 38.57 $ $40.50
FVGEA 1/1/2023 G30 Engineering Technician I Annual $62,133.06 $65,239.72 $68,501.70 $71,926.79 $75,523.13 Monthly $5,177.76 $5,436.64 $5,708.48 $5,993.90 $6,293.59 Bi-weekly $2,389.73 $2,509.22 $2,634.68 $2,766.41 $2,904.74 Hourly 29.87 $ 31.37 $ 32.93 $ 34.58 $ $36.31
FVGEA 1/1/2023 G29 Engineering Technician II Annual $69,043.67 $72,495.85 $76,120.64 $79,926.68 $83,923.01 Monthly $5,753.64 $6,041.32 $6,343.39 $6,660.56 $6,993.58 Bi-weekly $2,655.53 $2,788.30 $2,927.72 $3,074.10 $3,227.81 Hourly 33.19 $ 34.85 $ 36.60 $ $ 38.43 $40.35
FVGEA 1/1/2023 G31 Engineering Technician III Annual $76,640.34 $80,472.36 $84,495.98 $88,720.78 $93,156.81 Monthly $6,386.70 $6,706.03 $7,041.33 $7,393.40 $7,763.07 Bi-weekly $2,947.71 $3,095.09 $3,249.85 $3,412.34 $3,582.95 Hourly $ 36.85 $ 38.69 $ 40.62 $ 42.65 $44.79
FVGEA 1/1/2023 G50 Fire Prevention Specialist Annual $83,889.76 $88,084.24 $92,488.46 $97,112.88 $101,968.52 Monthly $6,990.81 $7,340.35 $7,707.37 $8,092.74 $8,497.38 Bi-weekly $3,226.53 $3,387.86 $3,557.25 $3,735.11 $3,921.87 Hourly $ 40.33 $ 42.35 $ 44.47 $ 46.69 $49.02
FVGEA 1/1/2023 G72 Fire Prevention Analyst Annual $88,087.46 $92,491.84 $97,116.43 $101,972.25 $107,070.86 Monthly $7,340.62 $7,707.65 $8,093.04 $8,497.69 $8,922.57 Bi-weekly $3,387.98 $3,557.38 $3,735.25 $3,922.01 $4,118.11 Hourly $ 42.35 $ 44.47 $ 46.69 $ 49.03 $51.48
FVGEA 1/1/2023 G80 Housing Analyst Annual $86,335.03 $90,651.78 $95,184.37 $99,943.59 $104,940.76 Monthly $7,194.59 $7,554.31 $7,932.03 $8,328.63 $8,745.06 Bi-weekly $3,320.58 $3,486.61 $3,660.94 $3,843.98 $4,036.18 Hourly $ 41.51 $ 43.58 $ 45.76 $ 48.05 $50.45
FVGEA 1/1/2023 G52 Housing Technician Annual $73,836.57 $77,528.40 $81,404.82 $85,475.06 $89,748.81 Monthly $6,153.05 $6,460.70 $6,783.73 $7,122.92 $7,479.07 Bi-weekly $2,839.87 $2,981.86 $3,130.95 $3,287.50 $3,451.88 Hourly $ 35.50 $ 37.27 $ 39.14 $ 41.09 $43.15
FVGEA 1/1/2023 G84 Human Resources Technician Annual $63,763.94 $66,952.14 $70,299.74 $73,814.73 $77,505.47 Monthly $5,313.66 $5,579.34 $5,858.31 $6,151.23 $6,458.79 Bi-weekly $2,452.46 $2,575.08 $2,703.84 $2,839.03 $2,980.98 Hourly $ 30.66 $ 32.19 $ 33.80 $ 35.49 $37.26
FVGEA 1/1/2023 G10 Identification Technician Annual $73,524.25 $77,200.47 $81,060.49 $85,113.51 $89,369.19 Monthly $6,127.02 $6,433.37 $6,755.04 $7,092.79 $7,447.43 Bi-weekly $2,827.86 $2,969.25 $3,117.71 $3,273.60 $3,437.28 Hourly $ 35.35 $ 37.12 $ 38.97 $ 40.92 $42.97
FVGEA 1/1/2023 G57 Information Technology Technician Annual $69,615.58 $73,096.36 $76,751.18 $80,588.74 $84,618.18 Monthly $5,801.30 $6,091.36 $6,395.93 $6,715.73 $7,051.51 Bi-weekly $2,677.52 $2,811.40 $2,951.97 $3,099.57 $3,254.55 Hourly $ 33.47 $ 35.14 $ 36.90 $ 38.74 $40.68
FVGEA 1/1/2023 G83 Sr. Accounting Technician Annual $60,961.80 $64,009.89 $67,210.39 $70,570.91 $74,099.45 Monthly $5,080.15 $5,334.16 $5,600.87 $5,880.91 $6,174.95 Bi-weekly $2,344.68 $2,461.92 $2,585.01 $2,714.27 $2,849.98 Hourly $ 29.31 $ 30.77 $ 32.31 $ 33.93 $35.62

FVGEA 1/1/2023 G81 Lead Code Enforcement Officer Annual $74,435.22 $78,156.98 $82,064.83 $86,168.07 $90,476.47 Monthly $6,202.93 $6,513.08 $6,838.74 $7,180.67 $7,539.71 Bi-weekly $2,862.89 $3,006.04 $3,156.34 $3,314.16 $3,479.86 Hourly 35.79 $ 37.58 $ 39.45 $ 41.43 $ $43.50
FVGEA 1/1/2023 G25 Lead Dispatcher Annual $72,764.55 $76,402.77 $80,222.91 $84,234.06 $88,445.76 Monthly $6,063.71 $6,366.90 $6,685.24 $7,019.50 $7,370.48 Bi-weekly $2,798.64 $2,938.57 $3,085.50 $3,239.77 $3,401.76 Hourly 34.98 $ 36.73 $ 38.57 $ 40.50 $ $42.52
FVGEA 1/1/2023 G86 Lead Information Technology Annual $76,577.14 $80,406.00 $84,426.30 $88,647.61 $93,080.00 Technician Monthly $6,381.43 $6,700.50 $7,035.52 $7,387.30 $7,756.67 Bi-weekly $2,945.27 $3,092.54 $3,247.17 $3,409.52 $3,580.00 Hourly 36.82 $ 38.66 $ 40.59 $ 42.62 $ $44.75
FVGEA 1/1/2023 G08 Lead Records Clerk Annual $56,308.50 $59,123.93 $62,080.13 $65,184.13 $68,443.34 Monthly $4,692.38 $4,926.99 $5,173.34 $5,432.01 $5,703.61 Bi-weekly $2,165.71 $2,274.00 $2,387.70 $2,507.08 $2,632.44 Hourly 27.07 $ 28.42 $ 29.85 $ 31.34 $ $32.91
FVGEA 1/1/2023 G74 Management Aide Annual $73,556.51 $77,234.33 $81,096.05 $85,150.85 $89,408.39 Monthly $6,129.71 $6,436.19 $6,758.00 $7,095.90 $7,450.70 Bi-weekly $2,829.10 $2,970.55 $3,119.08 $3,275.03 $3,438.78 Hourly 35.36 $ 37.13 $ 38.99 $ 40.94 $ $42.98
FVGEA 1/1/2023 G87 Permit Technician Annual $61,129.13 $64,185.58 $67,394.86 $70,764.61 $74,302.84 Monthly $5,094.09 $5,348.80 $5,616.24 $5,897.05 $6,191.90 Bi-weekly $2,351.12 $2,468.68 $2,592.11 $2,721.72 $2,857.80 Hourly 29.39 $ 30.86 $ 32.40 $ 34.02 $ $35.72
FVGEA 1/1/2023 G56 Plan Check Engineer Annual $99,096.79 $104,051.63 $109,254.21 $114,716.92 $120,452.76 Monthly $8,258.07 $8,670.97 $9,104.52 $9,559.74 $10,037.73 Bi-weekly $3,811.41 $4,001.99 $4,202.08 $4,412.19 $4,632.80 Hourly 47.64 $ 50.02 $ 52.53 $ 55.15 $ $57.91
FVGEA 1/1/2023 G54 Public Works Inspector Annual $76,206.01 $80,016.31 $84,017.13 $88,217.98 $92,628.88 Monthly $6,350.50 $6,668.03 $7,001.43 $7,351.50 $7,719.07 Bi-weekly $2,931.00 $3,077.55 $3,231.43 $3,393.00 $3,562.65 Hourly 36.64 $ 38.47 $ 40.39 $ 42.41 $ $44.53
FVGEA 1/1/2023 G89 Records Clerk I Annual $48,273.63 $50,687.31 $53,221.68 $55,882.76 $58,676.90 Monthly $4,022.80 $4,223.94 $4,435.14 $4,656.90 $4,889.74 Bi-weekly $1,856.68 $1,949.51 $2,046.99 $2,149.34 $2,256.80 Hourly 23.21 $ 24.37 $ 25.59 $ 26.87 $ $28.21
FVGEA 1/1/2023 G09 Records Clerk II Annual $53,630.21 $56,311.72 $59,127.31 $62,083.67 $65,187.86 Monthly $4,469.18 $4,692.64 $4,927.28 $5,173.64 $5,432.32 Bi-weekly $2,062.70 $2,165.84 $2,274.13 $2,387.83 $2,507.23 Hourly 25.78 $ 27.07 $ 28.43 $ 29.85 $ $31.34
FVGEA 1/1/2023 G76 Recreation Coordinator Annual $60,506.21 $63,531.52 $66,708.10 $70,043.50 $73,545.68 Monthly $5,042.18 $5,294.29 $5,559.01 $5,836.96 $6,128.81 Bi-weekly $2,327.16 $2,443.52 $2,565.70 $2,693.98 $2,828.68 Hourly 29.09 $ 30.54 $ 32.07 $ 33.67 $ $35.36
FVGEA 1/1/2023 G14 Secretary Annual $62,077.87 $65,181.77 $68,440.86 $71,862.90 $75,456.04 Monthly $5,173.16 $5,431.81 $5,703.40 $5,988.57 $6,288.00 Bi-weekly $2,387.61 $2,506.99 $2,632.34 $2,763.96 $2,902.16 Hourly 29.85 $ 31.34 $ 32.90 $ 34.55 $ $36.28
FVGEA 1/1/2023 G85 Supervising Records Clerk Annual $67,047.42 $70,399.79 $73,919.78 $77,615.77 $81,496.56 Monthly $5,587.29 $5,866.65 $6,159.98 $6,467.98 $6,791.38 Bi-weekly $2,578.75 $2,707.68 $2,843.07 $2,985.22 $3,134.48 Hourly $ 32.23 $ 33.85 $ 35.54 $ 37.32 $39.18
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 FVMEA (Field) 1/1/2023 G45 Equipment Operator I Annual $58,922.41 $61,868.53 $64,961.96 $68,210.06 $71,620.56 Monthly $4,910.20 $5,155.71 $5,413.50 $5,684.17 $5,968.38 Bi-weekly $2,266.25 $2,379.56 $2,498.54 $2,623.46 $2,754.64 Hourly $ 28.33 $ 29.74 $ 31.23 $ 32.79 $34.43
FVMEA (Field) 1/1/2023 G82 Equipment Operator I- Water Annual $63,636.19 $66,818.00 $70,158.90 $73,666.84 $77,350.18 Monthly $5,303.02 $5,568.17 $5,846.57 $6,138.90 $6,445.85 Bi-weekly $2,447.55 $2,569.92 $2,698.42 $2,833.34 $2,975.01 Hourly $ 30.59 $ 32.12 $ 33.73 $ 35.42 $37.19
FVMEA (Field) 1/1/2023 G46 Equipment Operator II Annual $61,729.47 $64,815.94 $68,056.74 $71,459.58 $75,032.56 Monthly $5,144.12 $5,401.33 $5,671.39 $5,954.96 $6,252.71 Bi-weekly $2,374.21 $2,492.92 $2,617.57 $2,748.45 $2,885.87 Hourly $ 29.68 $ 31.16 $ 32.72 $ 34.36 $36.07
FVMEA (Field) 1/1/2023 G47 Equipment Operator II - Water Annual $65,090.21 $68,344.72 $71,761.96 $75,350.05 $79,117.56 Monthly $5,424.18 $5,695.39 $5,980.16 $6,279.17 $6,593.13 Bi-weekly $2,503.47 $2,628.64 $2,760.08 $2,898.08 $3,042.98 Hourly $ 31.29 $ 32.86 $ 34.50 $ 36.23 $38.04
FVMEA (Field) 1/1/2023 G62 Foreman Annual $67,897.27 $71,292.13 $74,856.74 $78,599.57 $82,529.55 Monthly $5,658.11 $5,941.01 $6,238.06 $6,549.96 $6,877.46 Bi-weekly $2,611.43 $2,742.00 $2,879.11 $3,023.06 $3,174.21 Hourly $ 32.64 $ 34.28 $ 35.99 $ 37.79 $39.68
FVMEA (Field) 1/1/2023 G63 Foreman Fleet Annual $67,897.27 $71,292.13 $74,856.74 $78,599.57 $82,529.55 Monthly $5,658.11 $5,941.01 $6,238.06 $6,549.96 $6,877.46 Bi-weekly $2,611.43 $2,742.00 $2,879.11 $3,023.06 $3,174.21 Hourly $ 32.64 $ 34.28 $ 35.99 $ 37.79 $39.68
FVMEA (Field) 1/1/2023 G88 Foreman Sewer/Storm Drain Annual $72,391.13 $76,010.69 $79,811.22 $83,801.78 $87,991.87 Monthly $6,032.59 $6,334.22 $6,650.94 $6,983.48 $7,332.66 Bi-weekly $2,784.27 $2,923.49 $3,069.66 $3,223.15 $3,384.30 Hourly $ 34.80 $ 36.54 $ 38.37 $ 40.29 $42.30
FVMEA (Field) 1/1/2023 G75 Foreman Water Annual $72,391.13 $76,010.69 $79,811.22 $83,801.78 $87,991.87 Monthly $6,032.59 $6,334.22 $6,650.94 $6,983.48 $7,332.66 Bi-weekly $2,784.27 $2,923.49 $3,069.66 $3,223.15 $3,384.30 Hourly $ 34.80 $ 36.54 $ 38.37 $ 40.29 $42.30

FVMEA (Field) 1/1/2023 G39 Irrigation Technician Annual $58,557.05 $61,484.90 $64,559.14 $67,787.10 $71,176.45 Monthly $4,879.75 $5,123.74 $5,379.93 $5,648.92 $5,931.37 Bi-weekly $2,252.19 $2,364.80 $2,483.04 $2,607.20 $2,737.56 Hourly 28.15 $ 29.56 $ 31.04 $ 32.59 $ $34.22
FVMEA (Field) 1/1/2023 G78 Landscape Inspector Annual $73,165.20 $76,823.46 $80,664.63 $84,697.86 $88,932.76 Monthly $6,097.10 $6,401.95 $6,722.05 $7,058.16 $7,411.06 Bi-weekly $2,814.05 $2,954.75 $3,102.49 $3,257.61 $3,420.49 Hourly 35.18 $ 36.93 $ 38.78 $ 40.72 $ $42.76
FVMEA (Field) 1/1/2023 G36 Maintenance Worker II Annual $53,827.37 $56,518.74 $59,344.68 $62,311.91 $65,427.51 Monthly $4,485.61 $4,709.89 $4,945.39 $5,192.66 $5,452.29 Bi-weekly $2,070.28 $2,173.80 $2,282.49 $2,396.61 $2,516.44 Hourly 25.88 $ 27.17 $ 28.53 $ 29.96 $ $31.46
FVMEA (Field) 1/1/2023 G35 Maintenance Worker II - Chemical Annual $58,125.66 $61,031.94 $64,083.53 $67,287.71 $70,652.10 Applicator Monthly $4,843.80 $5,085.99 $5,340.29 $5,607.31 $5,887.67 Bi-weekly $2,235.60 $2,347.38 $2,464.75 $2,587.99 $2,717.39 Hourly 27.95 $ 29.34 $ 30.81 $ 32.35 $ $33.97
FVMEA (Field) 1/1/2023 G64 Maintenance Worker II - Water Annual $60,013.69 $63,014.37 $66,165.09 $69,473.35 $72,947.01 Monthly $5,001.14 $5,251.20 $5,513.76 $5,789.45 $6,078.92 Bi-weekly $2,308.22 $2,423.63 $2,544.81 $2,672.05 $2,805.65 Hourly 28.85 $ 30.30 $ 31.81 $ 33.40 $ $35.07
FVMEA (Field) 1/1/2023 G33 Mechanic Annual $62,078.43 $65,182.35 $68,441.47 $71,863.54 $75,456.72 Monthly $5,173.20 $5,431.86 $5,703.46 $5,988.63 $6,288.06 Bi-weekly $2,387.63 $2,507.01 $2,632.36 $2,763.98 $2,902.18 Hourly 29.85 $ 31.34 $ 32.90 $ 34.55 $ $36.28
FVMEA (Field) 1/1/2023 G65 Water Quality Technician Annual $75,751.87 $79,539.46 $83,516.44 $87,692.26 $92,076.87 Monthly $6,312.66 $6,628.29 $6,959.70 $7,307.69 $7,673.07 Bi-weekly $2,913.53 $3,059.21 $3,212.17 $3,372.78 $3,541.42 Hourly 36.42 $ 38.24 $ 40.15 $ 42.16 $ $44.27
FVMEA (Field) 1/1/2023 G66 Water System Operator Annual $71,270.88 $74,834.43 $78,576.15 $82,504.96 $86,630.20 Monthly $5,939.24 $6,236.20 $6,548.01 $6,875.41 $7,219.18 Bi-weekly $2,741.19 $2,878.25 $3,022.16 $3,173.27 $3,331.93 Hourly 34.26 $ 35.98 $ 37.78 $ 39.67 $ $41.65
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 City Manager 1/1/2023 CMG City Manager Annual $250,000.00 Monthly $20,833.33
Bi-weekly $9,615.38
Hourly $120.19
Bargaining
Unit
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3 Step 4 Step 5 Dept. Director 1/1/2023 D01 Chief of Police Annual $203,716.28 $213,902.10 $224,597.20 $235,827.06 $247,618.42 Monthly $16,976.36 $17,825.17 $18,716.43 $19,652.26 $20,634.87 Bi-weekly $7,835.24 $8,227.00 $8,638.35 $9,070.27 $9,523.79 Hourly $ 97.94 $ 102.84 $ 107.98 $ 113.38 $119.05
Dept. Director 1/1/2023 D08 Community Services Director Annual $161,637.46 $169,719.33 $178,205.30 $187,115.57 $196,471.34 Monthly $13,469.79 $14,143.28 $14,850.44 $15,592.96 $16,372.61 Bi-weekly $6,216.83 $6,527.67 $6,854.05 $7,196.75 $7,556.59 Hourly $ 77.71 $ 81.60 $ 85.68 $ 89.96 $94.46
Dept. Director 1/1/2023 D09 Deputy City Manager Annual $161,637.46 $169,719.33 $178,205.30 $187,115.57 $196,471.34 Monthly $13,469.79 $14,143.28 $14,850.44 $15,592.96 $16,372.61 Bi-weekly $6,216.83 $6,527.67 $6,854.05 $7,196.75 $7,556.59 Hourly $ 77.71 $ 81.60 $ 85.68 $ 89.96 $94.46
Dept. Director 1/1/2023 D03 Director of Public Works Annual $183,639.67 $192,821.66 $202,462.74 $212,585.87 $223,215.17 Monthly $15,303.31 $16,068.47 $16,871.89 $17,715.49 $18,601.26 Bi-weekly $7,063.06 $7,416.22 $7,787.03 $8,176.38 $8,585.20 Hourly $ 88.29 $ 92.70 $ 97.34 $ 102.20 $107.31
Dept. Director 1/1/2023 D06 Finance Director Annual $178,531.31 $187,457.87 $196,830.77 $206,672.31 $217,005.92 Monthly $14,877.61 $15,621.49 $16,402.56 $17,222.69 $18,083.83 Bi-weekly $6,866.59 $7,209.92 $7,570.41 $7,948.93 $8,346.38 Hourly $ 85.83 $ 90.12 $ 94.63 $ 99.36 $104.33
Dept. Director 1/1/2023 D02 Fire Chief Annual $198,528.83 $208,455.28 $218,878.04 $229,821.94 $241,313.04 Monthly $16,544.07 $17,371.27 $18,239.84 $19,151.83 $20,109.42 Bi-weekly $7,635.72 $8,017.51 $8,418.39 $8,839.31 $9,281.27 Hourly $ 95.45 $ 100.22 $ 105.23 $ 110.49 $116.02
Dept. Director 1/1/2023 D07 Human Resources Director Annual $161,637.46 $169,719.33 $178,205.30 $187,115.57 $196,471.34 Monthly $13,469.79 $14,143.28 $14,850.44 $15,592.96 $16,372.61 Bi-weekly $6,216.83 $6,527.67 $6,854.05 $7,196.75 $7,556.59 Hourly $ 77.71 $ 81.60 $ 85.68 $ 89.96 $94.46
Dept. Director 3/7/2023 D11 Information Technology Director Annual 161,637.46 $ 169,719.33 $ 178,205.30 $ 187,115.57 $ 196,471.34 $ Monthly 13,469.79 $ 14,143.28 $ 14,850.44 $ 15,592.96 $ 16,372.61 $ Bi-weekly 6,216.83 $ 6,527.67 $ 6,854.05 $ 7,196.75 $ 7,556.59 $ Hourly 77.71 $ 81.60 $ 85.68 $ 89.96 $ 94.46 $
Dept. Director 3/7/2023 D04 Community Development Director Annual $178,775.96 $187,714.76 $197,100.50 $206,955.52 $217,303.30 Monthly $14,898.00 $15,642.90 $16,425.04 $17,246.29 $18,108.61 Bi-weekly $6,876.00 $7,219.80 $7,580.79 $7,959.83 $8,357.82 Hourly 85.95 $ 90.25 $ 94.76 $ 99.50 $ $104.47
Dept. Director 3/7/2023 D10 Community Development Director/ Annual $187,714.76 $197,100.50 $206,955.52 $217,303.30 $228,168.46 Deputy City Manager Monthly $15,642.90 $16,425.04 $17,246.29 $18,108.61 $19,014.04 Bi-weekly $7,219.80 $7,580.79 $7,959.83 $8,357.82 $8,775.71 Hourly 90.25 $ 94.76 $ 99.50 $ 104.47 $ 109.70 $
Part-time
Effective
Date
Class
Code Classification Type Step 1 Step 2 Step 3
PT 1/1/2023 T38 Accounting Technician I * Hourly $26.58 $27.91 $29.31 PT 1/1/2023 T39 Accounting Technician II * Hourly $27.91 $29.31 $30.77 PT 1/1/2023 T06 Administrative Intern Hourly $16.05

PT 1/1/2023 T28
Administrative Intern- City Manager's
Office Houtly $16.05
PT 1/1/2023 T29 Administrative Specialist * Hourly $20.70 $21.74 $22.82 PT 1/1/2023 T14 Customer Service Representative Hourly $25.67 $26.96 $28.30 PT 1/1/2023 T15 Dispatcher * Hourly $33.32 $34.98 $36.73 PT 1/1/2023 T21 Dispatcher Trainee Hourly $16.64
PT 1/1/2023 T32 Emergency Medical Services Manager * Hourly $55.94 $58.74 $61.67 PT 1/1/2023 T22 Emergency Preparedness Assistant Hourly $18.20 $19.11 $20.07 PT 1/1/2023 T05 Engineering Technician I * Hourly $28.16 $29.56 $31.04 PT 1/1/2023 T40 Engineering Technician II * Hourly $29.00 $30.45 $31.97 PT 1/1/2023 T41 Engineering Technician III * Hourly $29.87 $31.37 $32.93 PT 1/1/2023 T35 Fire Administrative Aide Hourly $16.05 $16.86 PT 1/1/2023 T36 Firefighter Trainee Hourly $24.22
PT 1/1/2023 T31 Graduate Intern Hourly $16.05 $16.86
PT 1/1/2023 T18 Human Resources Coordinator Hourly $16.05 PT 1/1/2023 T25 Information Technology Technician * Hourly $33.47 $35.14 $36.90 PT 7/1/2022 T10 Lifeguard Hourly
PT 1/1/2023 T33 Management Aide * Hourly $35.36 $37.13 $38.99 PT 1/1/2023 T23 Management Intern Hourly $19.22 $20.18 $21.19 PT 1/1/2023 T17 Office Specialist I Hourly $16.37 $17.19 $18.05 PT 1/1/2023 T13 Office Specialist II Hourly $18.20 $19.11 $20.07 PT 1/1/2023 T37 Paramedic Trainee Hourly $26.91
PT 1/1/2023 T01 Police Recruit Hourly $37.26
PT 1/1/2023 T12 Police Reserve Officer Hourly $20.80
PT 1/1/2023 T30 Police Services Officer Hourly $20.56 $21.59 $22.67 PT 1/1/2023 T20 Police Cadet Hourly $16.05
PT 1/1/2023 T34 Public Information Officer Hourly $52.00 PT 1/1/2023 T26 Recreation Coordinator * Hourly $26.62 $27.96 $29.35 PT 1/1/2023 T03 Recreation Leader Hourly $16.05
PT 1/1/2023 T04 Recreation Specialist Hourly $16.12 $16.93 $17.77 PT 7/1/2022 T09 Swim Instructor/Lifeguard Hourly
PT 1/1/2023 T07 Maintenance Worker I Hourly $17.46 $18.33 $19.25 Notes:

Step 1 and 2 removed for part-time classes due to minimum wage law as of 1/1/2022 and 1/1/2023, beginning step is Step 2 or 3 as indicated *Classifications are considered full-time equivelents- they receive same increases as FTE 1/1/2023 Comp Study Year 2 Increases
PT Firefighter Trainee is 10% below Step 1 FF
PT Paramedic Trainee is equivelent to Step 1 FF
Police Recruit is 10% below Step 1 Police Officer
FT FF/PM is 14.5% above FF
Suppression Division Chief is 9% above a Suppression Battalion Chief

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ATTACHMENT 3
RESOLUTION NO. _____
A RESOLUTION AMENDING RESOLUTION 9801 OF THE

CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY

RELATING TO THE WAGES, HOURS, TERMS AND

CONDITIONS OF EMPLOYMENT OF ADMINISTRATIVE
OFFICERS OF THE CITY.

WHEREAS, Resolution No. 9801, passed and adopted by the City Council on July 20, 2021, regards the wages, hours, terms and conditions of employment for the Administrative Officers of the City; and
WHEREAS, Resolution No. 9849, passed and adopted by the City Council on September 6, 2022 amending Resolution 9801, to provide a five (5%) percent assignment pay to the Community Development Director, Omar Dadabhoy, for assuming additional responsibilities performed by the previous Deputy City Manager.

WHEREAS, the City desires to remove the five (5%) percent assignment pay to the Community Development Director, Omar Dadabhoy, and creating a classification in the Administrative Officers’ Unit titled Community Development Director/Deputy City Manager to assume the permanent additional responsibilities performed by the previous Deputy City Manager. The creation of the new classification will be presented to Council in the Salary Schedule Resolution.

NOW, THEREFORE, the City Council hereby RESOLVES as follows:

Resolution 9801 and 9849, is amended as follows:

1. Beginning the first day of the pay period following adoption of this Resolution removing the five (5%) percent assignment pay provided to the Community Development Director (aka Planning and Building Director) for assuming additional duties previously performed by the Deputy City Manager.

2. Except as modified in this Resolution, all terms and conditions of Resolution 9801, shall remain in full force and effect.

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PASSED, APPROVED, and ADOPTED this 7th day of March, 2023.

ATTEST: CITY OF FOUNTAIN VALLEY:
____________________ __________________________
RICK MILLER Kim Constantine
Clerk of the Council Mayor
__________________________
Maggie Le
City Manager
APPROVED AS TO FORM:
______________________

COLIN BURNS
Attorney for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 7, 2023
Members of the City Council
SUBJECT: Introduction and First Read of an Ordinance Amending Title 2 to Elevate the Information Technology and Recreation Divisions to Department Status, Amend Position Titles in the Planning and Building Department to Community Development Department, and Codify City Manager’s Authority to Appoint a Deputy
Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☒ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

The proposed ordinance will raise the Community Services and IT Divisions to Departments, re-title the planning/building function to Community Development. These elevations are meant to recognize the increased responsibility of the two (2) divisions, and to more accurately describe the functions of the planning/building department. The ordinance also codifies the City Manager’s authority to appoint a deputy, which is declaratory of existing law.

DISCUSSION:

The Recreation and Community Services Division was headed by a manager and increasingly took on greater workloads and produced significant events and functions. The level of responsibility and workload deserve department status and the Community Services Manager was elected to Community Services Director several years ago. The proposed ordinance codifies the elevated status of the Community Services Department into the Municipal Code.

It is declaratory of existing operations.

The Information Services Division is currently a division of Administrative Services and, recently, has been tasked with an increasing workload and greater responsibility for cyber

Ordinance Amending Title 2
March 7, 2023

security. To provide a more contemporary title, and recognize the added workload and responsibilities, staff proposes this ordinance to elevate IT to a Department also to also provide that the title of the Department shall be the Information Technology Department.

The Planning/Building Department already functions at the department level, but Community Development more modernly describes the function of the department as it increasing takes on tasks related to economic development.

Further, while it recognized that the City Manager has authority to appoint deputies, an ordinance amendment is recommended to codify this authority into the Municipal Code.

For these reasons, staff recommends the City Council approve the First Read of the Attached Ordinance.

FISCAL REVIEW:

There is no fiscal impact related to this item.

PUBLIC NOTIFICATION:

This item was noticed in compliance with the Ralph M. Brown Act.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City has prepared the ordinance.

ALTERNATIVES:

Alternative No. 1:

Alternative No. 2:

Introduce and Approve a First Read of an Ordinance Amending Title 2 to Elevate the Information Technology and Recreation Divisions to Department Status, Amend Position Titles in the Planning and Building Department to Community Development Department, and Codify City Manager’s Authority to Appoint a Deputy
Do not approve a First Read of the Attached Ordinance.

Ordinance Amending Title 2
March 7, 2023

RECOMMENDATION:

Staff recommends that the City Council approve Alternative No. 1: Introduce and approve a First Read of an Ordinance Amending Title 2 to elevate the Information Technology and Recreation Divisions to Department Status, Amend Position Titles in the Planning and Building Department to Community Development Department, and Codify the City Manager’s Authority to Appoint a Deputy.

Prepared by: Colin Burns, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:

1. Ordinance

ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FOUNTAIN VALLEY AMENDING TITLE 2 OF THE FOUNTAIN

VALLEY MUNICIPAL CODE TO ELEVATE THE INFORMATION

TECHNOLOGY AND RECREATION DIVISIONS TO

DEPARTMENT STATUS, AMENDING POSITION TITLES IN THE

PLANNING / BUILDING DEPARTMENT, RENAMING PLANNING /

BUILDING DEPARTMENT TO COMMUNITY DEVELOPMENT

DEPARTMENT, AND CODIFYING CITY MANAGER AUTHORITY

TO APPOINT DEPUTY
WHEREAS, the Information Technology (IT) Division has grown in the City commensurate with the growing technical and information demands of today’s society, and justifies department status; and
WHEREAS, the Community Services Division has also greatly increased its programs and the City Council desires to recognize the services provided by that division by elevating it to department status; and
WHEREAS, the City Council desires to change the title of the Planning/Building Department to the Community Development Department.

NOW THEREFORE, the City Council of the City of Fountain Valley does hereby ORDAIN as follows:

Section 1. Section 2.02.020 of the F.V.M.C is amended to read as follows:
“2.02.020 Definitions.

Throughout this code, whenever references are made to previous organizational structures or positions, the following corresponding organizations and positions shall be recognized:
“Building and Safety Department,” “Fire/Building Department,” “Building Department,” “Health and Building Department,” “Planning/Building Department” or similar words used in this code with reference to the building or construction function shall hereinafter mean “Community Development Department.”
“Building Director,” “Building and Safety Director,” or similar words whenever used in this code with respect to a building or construction function shall hereinafter mean “Planning /Building Director.”
City Attorney” The office of City Attorney is hereby eliminated. The City will contract for legal services. Any reference in this code to City Attorney shall refer to the City’s “Contract Legal Services Firm.”

“Fiscal Services Manager” shall mean the Director of Finance. “Fiscal Services Division” shall mean the Finance Department. “IT Division” or “Information System / Services Division” shall mean the Information Technology Department.
“Personnel,” “Personnel System” or “Personnel Division” shall mean Human Resources, the Human Resources System and Human Resources Department, respectively. “Recreation Manager” or “Community Services Manager” and “Community Service Division” shall mean the Community Services Director and the Community Services Department, respectively.”
Section 2. That Section 2.16.010 of the Fountain Valley Municipal Code is amended to read:

2.16.010 Office created—Appointment.

There is created the office of city manager. The city manager shall be appointed by and serve at the pleasure of the city council. The city manager shall be chosen solely on the basis of his or her executive and administrative qualifications. The city manager shall have authority to appoint a deputy or deputies city manager.

Section 3. That Section 2.18.020 of the Fountain Valley Municipal Code is amended to read:

2.18.020 Divisions within the administration department.

The city manager shall directly coordinate and supervise the following divisions and personnel for the city at a level as the city manager shall direct:
(a) The city clerk’s office;
(b) Administrative services division;
Section 4. That Section 2.18.030 of the Fountain Valley Municipal Code is amended by deleting subsections (d), (e), and (f):
“2.18.030 Department functions.

Administration shall be responsible for providing the following functions:
(a) Legislative analysis and intergovernmental relations;

(b) Public information, insurance, and risk management; (c) The City Clerk’s Office.
(1) The city clerk shall be appointed by the city manager, with the approval of the city council, and will serve at the pleasure of the city manager. The city clerk shall administer a functional division of city government within the administration department, (2) In addition to other duties as may be assigned by law or by the city manager, the city clerk shall:
(A) Attend all meetings of the city council and agency for community development and shall prepare the minutes of such proceedings,
(B) Have custody of and be responsible for the city seal and all books, official files, papers, correspondence and archives belonging to the city committed to the clerk’s custody,
(C) Prepare and maintain an index of all records in the clerk’s custody, (D) Administer and supervise the city’s and agency’s records management program, (E) Administer and supervise all municipal elections,
(F) Administer all oaths and take affidavits in matters relating to city business, (G) Administer and supervise the publication of legal notices and ordinances and, if appropriate, prepare fair and adequate summaries of such ordinances for publication, which shall be reviewed by the city attorney and city manager before being published, (H) Attest the signatures of city officers and documents that have been executed as authorized by resolution, ordinance or statute,
(I) Perform such other duties relating to the office as shall be required of him or her by law, ordinance or the city council/agency,
(J) Provide administrative supportive services to city officers and employees for required conflict of interest filings,
(K) Provide information from the Secretary of State and/or Fair Political Practices Commission to candidates in municipal elections and administer candidate filings, (L) Keep a register of claims and indexing system for litigation involving the city as directed by the city manager,

(M) Accept and process subpoenas and summons and other legal process unless an administrative regulation designates acceptance and process by another department or officer of the city,
(N) With the approval of the city manager, the city clerk may deputize subordinates who shall perform such duties required by law to be performed by the city clerk as the city clerk may delegate and direct,
(O) The city clerk shall execute a bond in the amount set by the city council by resolution, upon recommendation of the city attorney in accordance with Government Code Section 36518,
(P) With approval of the city manager, the city clerk may deputize subordinates who shall perform such duties required by law to be performed by the city clerk as the city clerk may delegate and direct;
(d) Recreation and Community Services Division. Within the administration department there shall be a recreation and community services division, the manager of which shall be responsible for all community service functions, recreational, educational and cultural services for the city and its residents and other functions as may be assigned by the city manager and shall:
(1) Provide recreational cultural programs in the areas of aquatics, athletics, contract classes, playgrounds, special events, volunteers, and other areas deemed appropriate by the city council,
(2) Provide input, direction and promotion to community agencies, groups and organizations dealing with their recreation, cultural and social service, opportunities and programs,
(3) Cooperate with governmental and voluntary organizations and agencies in furtherance of recreation, cultural and social service, opportunities and programs, (4) Administer, operate and maintain existing cultural and recreation areas and other facilities under control and ownership of the city, (5) Provide administrative and clerical support to the human services committees, commissions or boards as appointed by the city council from time to time; (e) Information Systems Division. Within the administration department there shall be an information systems services division that shall maintain the information technology services of the city. An information systems manager may be appointed to advise and assist the city manager, as information systems manager officer, in administering the information systems rules and regulations, and shall:

(1) Provide oversight of all technology-related products and services for all departments within the city to maintain consistency with the city technology plan, (2) Establish and maintain procedures for use and control of the city’s technology systems,
(3) Be responsible for the network administration and integration; software development and installation; maintenance of hardware and software, troubleshooting problems, and modifications,
(4) Prepare and administer the division and information services capital budget replacement, including upgrades and replacements,
(5) Providing for training of city employees on information systems, (6) Perform such other regulated duties as shall be required by law, ordinance, rule or regulation of the city manager;
(f) Economic development including business attraction and retention programs.

Section 5. Chapter 2.27 is hereby added to the Fountain Valley Municipal Code to read:
“2.27 Community Services Department

2.27.010 Created-Director. There is hereby created the Community Services Department the head of which is the Community Services Director.

2.27.020 Community Services Department. The Community Services Department shall provide recreation and community services, the director of which shall be responsible for all community service functions, recreational, educational and cultural services for the City and its residents and other functions as my be assigned by the City Manager and shall:
1) Provide recreational cultural programs in the areas of aquatics, athletics, contract classes, playgrounds, special events, volunteers, and other areas deemed appropriate by the City Council.
2) Provide input, direction and promotion to community agencies, groups and organizations dealing with their recreation, cultural and social service, opportunities, and programs,
3) Cooperate with governmental and voluntary organizations and agencies in furtherance of recreation, cultural and social service opportunities and programs,

4) Administer, operate and maintain existing cultural and recreational areas and other facilities under control and ownership of the City,
5) Provide administrative and clerical support to the such committees, commissions or boards as directed by the City Manager.”
Section 6. Chapter 2.29 is hereby added to the Fountain Valley Municipal Code to read:
“2.29 Information Technology Department

2.29.010 Created–Director. There is hereby created the Information Technology Department, the head of which is the Information Technology Director.

2.29.020 Information Technology Department. There shall be an Information Technology Department that shall maintain the information technology of the City. An Information Technology Director may be appointed to advise and assist the City Manager in administering the information technology rules and regulations, and shall:
1) Provide oversight of all technology-related products and services for all departments within the City to maintain consistency with the City technology plan, 2) Establish and maintain procedures for use and control of the City technology systems,
3) Be responsible for the network administration and integration; software development and installation; maintenance of hardware and software, troubleshooting problems, and modifications,
4) Prepare and administer the Department and information services capital budget replacement, including upgrades and replacements,
5) Provide for the training of City employees on information technology, and 6) Perform such other regulated duties as shall be required by law, ordinance, rule or regulation of the City Manager.”
Section 7. Chapter 2.31 of the Fountain Valley Municipal Code is hereby amended to read as follows:
“2.31 Community Development Department

2.31.010 Created-Director. There is created a Community Development Department, the head of which is the Community Development Director. The Community Development Director shall:

(a) Administer the zoning and land use laws of the city; (b) Advise and coordinate with the planning commission; (c) Administer the city’s housing projects and grant programs designed to maintain the community;
(d) Supervise the code enforcement staff;
(e) Coordinate with city personnel that administer the Uniform Construction Codes and Fire Code;
(f) Administer the city’s redevelopment activities as directed by the city manager; (g) Administer the Uniform Construction Codes and other building regulations; (h) Manage building contract services; and
(i) Administer economic development activities and other special projects.

2.31.020 Building official.
(a) The building official shall be hired by the city manager, or by the city council if by contract, and shall perform his or her duties under Title 18 of the Fountain Valley Municipal Code. The building officials and authorized representatives that interpret the technical codes set forth in Title 18 may be city employees or independent contractors.

These duties and responsibilities shall be performed under the supervision of the Community Development Director.
(b) He or she shall be the building official for the purposes of making interpretations and carrying out the responsibilities designated by the building standards adopted by the state and this city.
(c) He or she shall be responsible for providing technical advice to the city council and planning commission upon subjects regarding building and shall coordinate with the planning department on subjects regarding zoning and land use.

2.31.030 References.

Whenever this code makes reference to the “planning manager” or “planning director” these phrases shall hereafter refer to the Community Development Director. Whenever this code makes reference to the “planning division”, this phrase shall hereafter refer to the Community Development Department.

Section 8.

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional.

Section 9.

The City Clerk shall certify to the adoption of this ordinance and cause it to be published as required by law. This ordinance shall become effective thirty (30) days after the date of its adoption.

PASSED, APPROVED AND ADOPTED THIS DAY OF , 2023.

ATTEST:
________________________ ________________________
Rick Miller Kim Constantine
City Clerk Mayor

APPROVED AS TO FORM

HARPER & BURNS LLP
___________________________
Colin Burns
Attorneys for the City

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 7, 2023
Members of the City Council
SUBJECT: Purchase and implementation of Office 365, Azure AD, Exchange Online, and Mobility Management.

Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☒ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

Staff is requesting City Council authorize the purchase of Microsoft 365 Government licenses and Consultant Services to upgrade our current On-Premise Microsoft Suite and Exchange Server. The current year will be prorated and we will continue utilizing this subscription for the following year.

DISCUSSION:

The City is currently utilizing an On-Premise Solution of Microsoft Exchange Server 2016, which functions as the backbone of our email services. On-premise email servers have become an outdated practice in the IT industry because there are added costs applied to maintaining the server, including having an up-to-date physical server, upgrading and maintaining sufficient storage, and keeping up with security updates. This Solution causes more vulnerabilities and exposes us to more threats if maintenance is not met.

Microsoft Exchange Server 2016 has two (2) forms of support that provide security updates, Mainstream and Extended Support. During Mainstream Support, Microsoft provides new releases, updates, service packs, builds, fixes, and patches in order to enhance a product's security and reliability, close vulnerabilities, and fix problems. Microsoft also provides nonsecurity updates that enhance a product's design or functionality, accepts requests for features or design changes, and honors warranty claims. During Extended Support, Microsoft continues

Purchase and implementation of Office 365
March 7, 2023

to provide security and reliability updates and bug fixes, but non-security updates are not provided without a paid support agreement. During Extended Support, Microsoft does not accept requests for new features, product design changes, or honor warranty claims.

Mainstream support ended on Oct 13, 2020. Extended Support, which is currently in place, will end on October 14, 2025.

Microsoft 365 Government is a full solution to replace the Microsoft Exchange Server 2016 and the entire Microsoft Office 2016 Suite. Microsoft 365 Government will come with the Office 365 suite, which includes software such as Exchange (Email Server), Teams, offline and online versions of Word, Excel, PowerPoint, Outlook, Publisher, and Access. It will also include security features such as Message encryption, Advanced Threat Analytics, Data Loss Prevention, and Single Sign On. Message encryption enables you to send encrypted emails that will not allow anyone other than the recipient to open. Advanced Threat Analytics allows you to identify any suspicious activity in real-time, reducing the risk of any damage. This will empower the department to quickly detect any threats, reduce false positive fatigue and easily plan the next steps to protect the City from any suspicious activity. Data Loss Prevention helps prevent any sensitive information from leaving the City. DLP will help the department identify, monitor and protect any sensitive information in Office 365. When DLP is enabled, it will scan for sensitive information e.g. credit card details, passport information, or social security numbers. Single Sign On Authentication with Azure AD will allow the department to disable user access from one centralized system instead of going to each individual software throughout the city. Lastly, Microsoft Intune is a cloud-based endpoint management solution.

It manages user access and simplifies app and device management across your many devices, including mobile devices, desktop computers, and virtual endpoints. You can protect access and data on organization-owned and users personal devices.

In addition to the features and capabilities that Office 365 has, organizations that use Government Microsoft Office 365 benefit from compliance with Federal requirements for cloud services. These compliances include FedRAMP High, Defense Federal Acquisition Regulations Supplement (DFARS), requirements for criminal justice and federal tax information systems (CJI and FTI data types), the Department of Defense Security Requirements Guidelines, Defense Federal Acquisition Regulations Supplement (DFARS), and International Traffic in Arms Regulations (ITAR).

Due to staff limitation and the high level of expertise for the project, staff also recommends working with IMGB Solutions for project implementation of Microsoft Office 365 for a fee of $28,000. IMGB has expertise in setup, migration, install and IT admin training of Microsoft Office 365 for many municipalities and school districts. Hiring IMGB Solutions brings specialized expertise that can be productive immediately.

Staff recommends the procurement of Office 365 with Insight Public Sector and utilizing IMGB Solutions for project implementation, IT admin training and support. The proposed procurement will be funded by midyear adopted budget.

Purchase and implementation of Office 365
March 7, 2023

FISCAL REVIEW:

Prorated 2023
Microsoft 365 Government $ 79,832.60
Consulting Services $ 28,000.00
Project Total $107,832.60
2023-2024
Microsoft 365 Government $ 148,044.19
Budget Includes Sufficient Funding
The proposed midyear budget includes sufficient funding for this purchase. The Government Microsoft 365 will be expensed to the Service Contracts account, and the Consulting Services will be expensed to the Professional Services account in the Administration-IT Department.

Note that the prorated total will be expensed with this midyear’s budget. 2023-2024 cost is higher because it is taking into account other Microsoft Server products that will be needed for other infrastructure services.

PROCUREMENT:

Fountain Valley Municipal Code 2.36.070(5) provides that bidding may be dispensed with when “piggybacking” off the pricing that was previously established by another government agency; provided the original solicitation was made in a competitive manner and awarded to the lowest responsible bidder. Here, the Microsoft 365 services were competitively bid through a joint powers authority and the City seeks to take advantage of the competitively bid price of that JPA. IMGB Solutions professional services will be procured following municipal code 236040.

Professional Services contracts under $50,000 can be performed by negotiated contract and/or by purchase order. No competitive bidding required.

PUBLIC NOTIFICATION:

Not applicable.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City has reviewed this staff report and concurs with the recommended action.

ALTERNATIVES:

Alternative No. 1: Approve the purchase and authorize the City Manager to execute an agreement with IMGB Solutions and Insight Public Sector, a local installer of Government Microsoft Office 365 and Reseller, to

Purchase and implementation of Office 365
March 7, 2023

Alternative No. 2:

RECOMMENDATION:
purchase the subscriptions and configure Office, Email, and Mobility Solution. This is the recommended action.

Do not accept the purchase and continue with the current email, and office solution.

Staff is recommending the approval of Alternative No. 1 to approve the purchase, and authorize the City Manager to execute an agreement with IMGB Solutions for professional services and Insight Public Sector to purchase Government Microsoft 365 subscriptions and implement Office 365.

Prepared by: Scott Kim, IT Manager
Fiscal review by: Ryan Smith, Finance Director
Approved by: Maggie Le, City Manager
Attachments:

1. IMGB Solutions Quote

2. Insight Public Sector Quote

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Estimate Date : January 19, 2023
IMGB Solutions
9506 Karmont Ave
South Gate CA 90280
U.S.A
Quote
Quote# EST-354
Bill To
City of Fountain Valley
10200 Slater Ave
Fountain Valley, California 92708
U.S.A
Item & Description Qty Rate Amount
Services to be Performed
-Migration from Exchange 2016 to Office 365 Exchange Online 160.00 175.00 28,000.00
- Establish New Office 365 Tenant 0.00 0.00 0.00
- Verify Accounts in Active Directory looking for malformed or duplicate attributes

0.00 0.00 0.00
- Prepare AD prior to installing ADConnect on new server 0.00 0.00 0.00 - Assist with correcting onPrem AD user attributes prior to AD - Azure sync, if necessary

0.00 0.00 0.00
- Establish Exchange Hybrid Environment 0.00 0.00 0.00
- Secure OnPrem to Cloud Communications using SSL Certificate (Provided by City of Fountain Valley)

0.00 0.00 0.00
- Test 2 Way Communication Between onPrem and Exchange Online 0.00 0.00 0.00 - Test Access to Cloud Resources from OnPrem (Mail, Calendar, Free and Busy Information)

0.00 0.00 0.00
- Test Access to OnPrem Resources from Cloud (Mail, Calendar, Free and Busy Information)

0.00 0.00 0.00
- Configure Internal and Authoritative Domains for Mail Routing 0.00 0.00 0.00 - Test AutoDiscovery Services for Office 365 and Exchange 2016 0.00 0.00 0.00 - Configure Exchange Policies to Optimize Migration Speed 0.00 0.00 0.00 - Configure Barracuda SPAM to work for Cloud Mailboxes 0.00 0.00 0.00 - Configure Journaling of Cloud Mailboxes using Barracuda 0.00 0.00 0.00 - Test Migration Process from Exchange Online to onPrem 0.00 0.00 0.00 - Establish Baseline and provide estimate for migration 0.00 0.00 0.00 - Test Calendar Permissions from OnPrem to Cloud and vice-versa 0.00 0.00 0.00

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Sub Total 28,000.00
Total $28,000.00
Item & Description Qty Rate Amount
- Create Migration Plan (Mailbox Migration Order) 0.00 0.00 0.00 - Migrate Mailboxes (Maximum of 400 mailboxes) 0.00 0.00 0.00 - Reroute Mailflow from OnPrem to Exchange Online 0.00 0.00 0.00 - Migrate items from Public Folders 0.00 0.00 0.00
- Assign Configure License Group for Automatic Mailbox License 0.00 0.00 0.00 Services to be Performed
-Configure Microsoft Endpoint Manager

0.00 0.00 0.00
- Configure Microsoft as MDM Authority 0.00 0.00 0.00
- Configure APN Certificate 0.00 0.00 0.00
- Establish Relationship between Apple Business Account and Microsoft 0.00 0.00 0.00 - Create Relationship between Apple Store and Endpoint Manager 0.00 0.00 0.00 - Configure DNS Records 0.00 0.00 0.00
- Configure Company Portal 0.00 0.00 0.00
- Configure MDM Permissions 0.00 0.00 0.00
- Create Baseline Policies for iOS and Windows 10/11 0.00 0.00 0.00 - Create Enrollment Profiles 0.00 0.00 0.00
- Create Profile for Apple Configuration (Manual Enrollment) 0.00 0.00 0.00 - Assign Licenses to Users 0.00 0.00 0.00
- Test Enrollment for iOS and Windows 10/11 devices 0.00 0.00 0.00 - Remote Knowledge Transfer (Maximum of 9 hrs) 0.00 0.00 0.00 - Remotely Assist OnSite Technicians with Migration Issues 0.00 0.00 0.00 - Decommission Unnecessary OnPrem Exchange Servers 0.00 0.00 0.00 30 Days of Remote Support (Limited to Work Performed) 0.00 0.00 0.00 Terms & Conditions
I will be more than willing to assist with any issues that may come up during the migration to Office 365 as long as it's within the allotted time. That being said, client responsibilities include:

3 Created securely using
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-Making external DNS changes
- Firewall and Routing changes
-Preparing workstations for Office 365 (Outlook 2010 or Outlook 2013 with all SP's and updates installed) -Dealing with unforeseen problems, for example but not limited to: AD Replication, Antivirus over-blocking, or any other third party application affecting successful migration.

3/3/2023 Page 1 of 2
Confidential. M365 Add On Thank you for the opportunity to quote.

City of Fountain Valley
Quotation: 0123-Fountain Valley COCPv6-MSEA-SC Subscription Start Date: 3/1/2023 Date: January 17, 2023 Subscription End Date: 11/30/2023 Enrollment: 75440419
Contract: PSA-0001526/RIVCO-2020-RFQ-0000048
Year Two: 10 Months 10
Part Number Item Name Level Purchase Unit Pool Product Family Quantity Term Price Extended Price Enterprise Products
AAD-34698 M365 G3 Unified CAO GCC Sub User CCAL w/OPP D 1 Month(s) Servers M365 G3 Unified CAO GCC 180 $100.29 $ 18,052.20 AAD-34704 M365 G3 Unified FUSL GCC Sub Per User D 1 Month(s) Servers M365 G3 Unified FUSL GCC 220 $280.82 $ 61,780.40 10 Month Total: $ 79,832.60 Due Feb 2023

3/3/2023 Page 2 of 2
Confidential. Year 3 - Option 2 Thank you for the opportunity to quote.

City of Fountain Valley Year 3 Annual Order
Quotation: 0123-Fountain Valley COCPv6-MSEA-SC Subscription Start Date: 12/1/2023 Date: January 10, 2023 Subscription End Date: 11/30/2024 Enrollment: 75440419
Contract: PSA-0001526/RIVCO-2020-RFQ-0000048
Year Three: 12 Months
Part Number Item Name Level Purchase Period Pool Product Type Quantity Unit Price Extended Price Enterprise Products
W06-01072 Core CAL ALng SA Platform UCAL D Added at Signing Servers Software Assurance 200 $ 46.30 $ 9,260.00 269-12442 Office Professional Plus ALng SA Platform D Added at Signing Applications Software Assurance 180 $ 103.73 $ 18,671.40 KV3-00353 Win Enterprise Device ALng SA Platform D Added at Signing Systems Software Assurance 180 $ 46.06 $ 8,290.80 Additional Products
9GA-00313 CIS Suite Standard Core ALng SA 2L D Added at Signing Servers Software Assurance 64 $ 35.42 $ 2,266.88 312-02257 Exchange Server Standard ALng SA D Added at Signing Servers Software Assurance 1 $ 126.70 $ 126.70 076-01912 Project Standard ALng SA D Added at Signing Applications Software Assurance 1 $ 127.55 $ 127.55 5HU-00216 SfB Server ALng SA D Added at Signing Servers Software Assurance 1 $ 652.62 $ 652.62 359-00961 SQL CAL ALng SA User CAL D Added at Signing Servers Software Assurance 30 $ 37.36 $ 1,120.80 228-04433 SQL Server Standard ALng SA D Added at Signing Servers Software Assurance 1 $ 160.68 $ 160.68 9EM-00270 Win Server Standard Core ALng SA 2L D Added at Signing Servers Software Assurance 48 $ 19.22 $ 922.56 Annual Total: $ 41,599.99
Part Number Item Name Level Purchase Unit Pool Product Family Quantity Term Price Extended Price Enterprise Products
AAD-34698 M365 G3 Unified CAO GCC Sub User CCAL w/OPP D 1 Month(s) Servers M365 G3 Unified CAO GCC 180 $133.72 $ 24,069.60 AAD-34704 M365 G3 Unified FUSL GCC Sub Per User D 1 Month(s) Servers M365 G3 Unified FUSL GCC 220 $374.43 $ 82,374.60 12 Month Total: $ 106,444.20
Annual Total: $ 148,044.19

CITY OF FOUNTAIN VALLEY

CITY COUNCIL

COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: March 7, 2023
Members of the City Council
SUBJECT: Approve a First Amendment to the City Manager’s Employment Agreement to Provide Additional Benefits Following a Positive Performance Review Three-Year Strategic Goals
☐ Enhance the culture and environment of “A Nice Place to Live” ☐ Attract and retain revenue producing businesses
☐ Achieve fiscal stability in accordance with the 20-Year Financial Plan ☒ Attract and retain quality staff
☐ Not applicable
EXECUTIVE SUMMARY:

During its recent Council Meetings, the City Council reviewed the performance of the City Manager and, following a successful review, determined to increase the City Manager’s benefits. Provided for Council consideration is a First Amendment to the City Manager’s Employment Agreement implementing the increased benefits.

DISCUSSION:

The City Manager’s Employment Agreement provides for periodic performance reviews and negotiation of compensation and benefits. The City Council recently conducted a performance review of the City Manager and, following that positive review of the City Manager’s performance, determined to provide increases to the City Manager’s benefits.

Specifically, the City Council agreed to offer the following increased benefits:

1. Vision insurance.

2. City increase to its matching deferred compensation contribution from $3,000 to $5,000 annually.

3. Upon adoption of a Retiree Health Savings Account Plan Amendment, the City Manager will make mandatory reduction in salary compensation contributions in the amount of two-percent (2%) percent of base earnings each pay period for the Plan Year deposited into the City Manager’s individual RHS accounts.

First Amendment to Employment Agreement
March 7, 2023

4. The City Manager shall have the option to bank a maximum of two (2) days of administrative leave annually.

FISCAL REVIEW:

The annual cost to the City for the increased benefits is currently $307 for Vision Insurance and $2,000 for the increased deferred compensation matching. With current year salary savings realized in the City Manager department, sufficient funding exists in the fiscal year 2022/23 budget to pay for the additional benefits.

PUBLIC NOTIFICATION:

This item was noticed in compliance with the Ralph M. Brown Act. Also, per the Brown Act, an oral report at a regular City Council meeting will precede Council’s consideration of the item.

ENVIRONMENTAL IMPACT REVIEW:

Not applicable.

ATTORNEY REVIEW:

The Attorney for the City prepared the First Amendment.

ALTERNATIVES:

Alternative No. 1:

Alternative No. 2:

RECOMMENDATION:

Approve a First Amendment to the City Manager’s Employment Agreement to Provide Additional Benefits Following a Positive Performance Review
Do not approve the First Amendment
Staff recommends that the City Council approve Alternative 1:

Approve a First Amendment to the City Manager’s Employment Agreement to Provide Additional Benefits Following a Positive Performance Review
Prepared by: Colin Burns, Attorney for the City
Fiscal review by: Ryan Smith, Finance Director
Attachments:

1. First Amendment to City Manager’s Employment Agreement

AMENDMENT NO. 1 TO

EMPLOYMENT AGREEMENT

CITY MANAGER MAGGIE LE-NGUYEN
This FIRST AMENDMENT to the Employment Agreement – City Manager is made and entered into this 7th day of March, 2023, by and between the City of Fountain Valley, a municipal corporation (hereinafter “CITY”) and Maggie Le-Nguyen, an individual (hereinafter sometimes called “EMPLOYEE”).

Recitals
WHEREAS, CITY and EMPLOYEE previously entered into an Employment Agreement for City Manager effective June 11, 2022, (“AGREEMENT”); and WHEREAS, the AGREEMENT provided for periodic reviews of the performance of EMPLOYEE; and
WHEREAS, at its recent Council Meetings, the City Council reviewed the performance of EMPLOYEE and, following a successful review, desires to increase EMPLOYEE’s benefits.

NOW, THEREFORE, the parties hereto agree as follows:

1. EMPLOYEE shall receive Vision insurance coverage, paid by the CITY.

2. CITY shall increase its matching deferred compensation contribution from $3,000 to $5,000 annually.

3. Upon adoption of a Retiree Health Savings Account Plan Amendment, EMPLOYEE will make mandatory reduction in salary compensation contributions in the amount of two-percent (2%) percent of base earnings each pay period for the Plan Year deposited into EMPLOYEE’S individual RHS accounts.

4. EMPLOYEE shall have the option to bank a maximum of two (2) days of administrative leave annually.

5. Except as provided in this FIRST AMENDMENT, all other terms and conditions of the AGREEMENT shall remain in effect.

In witness whereof, the parties hereto have entered into this FIRST AMENDMENT the date and year first above written.

ATTEST: CITY OF FOUNTAIN VALLEY
________________________________ ________________________________________ City Clerk Mayor
APPROVED AS TO FORM: EMPLOYEE
_______________________________ _______________________________________ Attorney for the City Maggie Le-Nguyen